Tag: Case and Fatwa Summary

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 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 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.

The Supreme Court ruled that a promise to lease constitutes a binding contract under article 72 of the Civil Transactions Law. In this case, the Supreme Court ruled that the landlord is entitled to compensation for the losses incurred and the profits lost from a potential tenant who breached his promise to lease the property even though no contract was signed.

The Supreme Court ruled that an enforcement judge cannot grant payment instalments for a final judgment debt without the creditor's consent, if this is not explicitly stated in the judgment to be enforced.

The Supreme Court ruled that a vehicle accident occurring inside the private courtyard of a house does not constitute a traffic accident on a "road" as defined by the Traffic Law. Consequently, the insurer is not liable for compensation as the location is not open to public traffic.

The Supreme Court confirmed that it is not permitted to file a grievance against an arbitral award enforcement order before an enforcement judge, pursuant to article 58 of the Law of Arbitration in Civil and Commercial Disputes.