Tag: Case and Fatwa Summary

The Supreme Court held that an arbitral award's operative part must be decisive, binding, and free of internal contradiction. An award that leaves compensation undetermined and proposes resolving it through future litigation or party agreement fails this requirement and is subject to partial annulment under article 53 of the Law of Arbitration in Civil and Commercial Disputes.

The Supreme Court held that an acquitted bank employee suspected of fraud is not entitled to compensation for financial, psychological, and moral losses she incurred as a result of the criminal investigation. The Supreme Court based its judgment on the fact that the criminal investigation that took place was legitimate, even though the employee was eventually not found guilty.

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.

The Supreme Court held that a letter of resignation loses its legal effect if the employee rescinds this letter before the employer accepts this resignation.

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.

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.

The Supreme Court held that firing a weapon during celebrations without a permit constitutes a crime regardless of the individual's motive or adherence to local traditions. The court clarified that the law criminalises such acts to protect public safety, and general criminal intent is satisfied merely by the knowing and willing act of firing the weapon.

The Supreme Court held that the Montreal Convention 1999 does not apply where cargo arrives intact and the damage occurs entirely during ground storage after the air transit is complete. In that situation the Commercial Law governs, and the ground handling operator guarantees the safety of the goods from the moment they are unloaded from the aircraft until delivery to the consignee, whether or not it owns the warehouses it uses.

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.

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.