Tag: Case and Fatwa Summary

The Ministry of Justice and Legal Affairs (MJLA) held that individuals who have reached the lottery stage of the land allocation process are entitled to obtain a land even after the legislation that establishes the right for the entitlement to this land was repealed.

The Supreme Court held that it is not permitted for the parties to introduce new defences, claims, or evidence before the Supreme Court if such defences, claims, or evidence were not presented before trial courts.

The Supreme Court confirmed that it is permitted for the parties to a contract to agree to have the judgment of a primary court considered final and not subject to any appeal pursuant to article 211 of the Civil and Commercial Procedures Law.

The Supreme Court held that an employee's claims to recover money he was forced to pay to his employer, and to be compensated for a false criminal accusation and detention, are civil claims governed by the fifteen-year limitation period of the Civil Transactions Law, and not the one-year limitation period of the Labour Law of 2003, even though they arose in the context of an employment relationship.

The Supreme Court held that an employee who reports his employer's criminal conduct to the competent authorities performs a duty imposed by the Penal Law and does not disclose business secrets within the meaning of the Labour Law of 2003, which only protects secrets whose disclosure would give rise to competition in the employer's field of activity. The court also held that where an employee resigns and rejoins the same employer several months later, the second period is a new employment relationship, and the first period is not counted towards his period of service.

The Supreme Court held that shift workers are not entitled to compensation for public holidays falling during their shifts, except for Eid Al-Fitr and Eid Al-Adha, as they receive more rest days annually than standard daily workers. It also ruled that employers must pay employees the minimum wage specified for their actual duties under applicable collective agreements, ensuring equal pay for equal work.

The Ministry of Justice and Legal Affairs (MJLA) determined that it is not permitted for an employee of a company in which the government owns shares exceeding 40% of its capital to retain his employment in that company if he becomes a member of Majlis Al-Shura.

The Supreme Court held that a power of attorney remains valid indefinitely unless it contains a specific expiry date, its purpose is fulfilled, or a party dies or loses capacity, in accordance with articles 674 and 694 of the Civil Transactions Law. The court further established that a ministerial decision limiting the duration of powers of attorney cannot override the law or apply retroactively.

The Supreme Court held that an agreement between two natural persons where one individual guarantees fixed profits to another constitutes usury (riba) and that such agreement is void for violating public order.

The Supreme Court held that a foreign court judgment from a country with whom Oman has a bilateral agreement for the recognition and enforcement of court judgment must not be enforced if the Omani enforcement court fails to examine the original foreign judgment and verify that it meets the legal formalities before making its order to enforce it.