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Intel

Fatwa Summary: MJLA Fatwa 182710759 (Liquidation of a Shareholder)

The Ministry of Justice and Legal Affairs (MJLA) deemed that the liquidation of a shareholder in a limited liability company does not affect the legal status of the limited liability company.


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Intel

Case Summary: Supreme Court (Labour Circuit) Contestation 766/2017 (Calculation of Rest in Overtime Work)

An employee sued his employer for compensation for unpaid overtime working hours on the basis of two extra hours plus a one-hour break. The Supreme Court held that break time is not calculated as part of unpaid overtime.


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Intel

Case Summary: Supreme Court(Labour Circuit) Contestation: 548/2017 (Failure to Terminate a Definite Period Contract)

The Supreme Court held that the failure of the employer to terminate a definite period employment contract before its expiry transformed the contract into a new indefinite period contract.


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Case Summary: Supreme Court (Labour Circuit) Contestation 427/2017 (Equal Treatment of Employees)

An employee sued his employer for failing to pay him a cost-of-living allowance that his colleagues receive. The Supreme Court confirmed that it has the power to re-adjust the salary of an employee to match the salaries of other employees in the same organisation in accordance with article 11 of the Labour Law if the employees are working in the same circumstances, have the same qualifications, and agree to the same work conditions. However, the Supreme Court decided that the employee was unable to establish that the facts of his employment met the requirements of article 11 of the Labour Law, and therefore rejected his claims.


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Case Summary: Supreme Court (Commercial Circuit) Contestation 137/2017 (Grounds for Setting Aside Arbitral Award)

The Supreme Court refused to set aside an arbitral award on the grounds that it had defects outside the grounds identified by the Law of Arbitration in Civil and Commercial Disputes, even though these defects would have been grounds to set aside an ordinary court judgment.


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Case Summary: Supreme Court (Labour Circuit) Contestation 792/2016

An employee of German nationality sued his employer for unlawful dismissal and claimed compensation. The Primary Court in Muscat sided with the employee and ordered the employer to pay the employee compensation, but this decision was later overturned by the Supreme Court in Muscat on the grounds that the Primary Court in Muscat had no jurisdiction to rule on this matter due to the existence of an arbitration clause between the employee and the employer. The Supreme Court ruled that the arbitration clause is invalid because it constituted a waiver of workers' rights that are guaranteed by the Labour Law and referred the case back to the Court of Appeal in Muscat to reconsider its merits.


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Intel

Case Summary: Supreme Court (Labour Circuit) Contestation: 210/2017 (Consequences of Delaying Employee Disciplinary Measure)

The Supreme Court held that the failure of the employer to impose a disciplinary punishment against an employee after the expiry of the deadlines stipulated by the Labour Law rendered the action taken by the employer against the violating employee illegal.


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Intel

Case Summary: Supreme Court (Labour Circuit) Contestation 717/2016 (Verbal Insult to Employer)

An Omani employee was terminated from his job for insulting a manager in the presence of other employees. He sued his employer for unfair dismissal and demanded compensation. The Supreme Court ruled that the termination of employment was valid, emphasising that any form of assault affecting a person’s dignity is deemed grievous under article 40(8) of the Labour Law of 2003.


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Case Summary: Supreme Court (Labour Circuit) Contestation 665/2016 (Rotational Working System)

An Omani employee working on a 2-week on 2-week off rotational system sued his employer for refusing to compensate him for working during national holidays. The Supreme Court ruled that he was not entitled to compensation on the grounds that the working system of the employer, in terms of working hours and working days, was more favourable overall than the system prescribed by the Labour Law, and therefore, the failure to compensate the worker for the national day holidays is not deemed a valuation.


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Case Summary: Supreme Court (Criminal Circuit): Contestation 210/2017 (Reliability of Translation Used in Trial)

The Supreme Court held that the issue of the reliability of a translation accepted by the Court of Appeal in the procedures of the trial is a substantive matter that cannot be contested before the Supreme Court.


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