الملخص الإنجليزي
As part of achieving Oman Vision 2040, the Ministry of Labor has implemented the
"Ejada" system for performance measurement as part of its efforts to modernize the state's
administrative apparatus. The Ministry has been granted broad discretionary powers to
implement this system, enabling it to obligate all public sector employees to adhere to its
mechanisms for performance evaluation in accordance with the standards and procedures it
has set. However, these powers are not absolute; they remain subject to the legal constraints
established by the Omani legislator.
This study aims to shed light on the judicial oversight exercised over the performance
evaluation reports issued by the Ministry of Labor under the "Ejada" system. Since these
reports are considered final administrative decisions, they are legally binding and have the
power to alter the legal status of public employees. Therefore, the Omani legislator requires
that the elements of these evaluation reports, as administrative decisions, meet the criteria of
legality in terms of both form and procedure, as well as their internal substantive elements,
in accordance with the applicable laws and regulations.
Although the Ministry's objective with these reports is to serve the public interest by
improving performance and enhancing efficiency within the administrative apparatus, this
goal cannot come at the expense of employees' rights. These rights are safeguarded through
judicial oversight, which serves as a fundamental guarantee to protect against any
administrative abuse of power or excesses arising from the broad discretionary powers
granted to the Ministry.
The study concludes that the performance evaluation reports issued under the "Ejada"
system have been tainted by certain defects related to the legality of their elements, whether
in terms of form, reason, or purpose. The study also affirms that the Omani administrative
judiciary plays a crucial role in monitoring these decisions to ensure that the administration
adheres to the legal limits set by the legislator to protect the legal status of employees.
Furthermore, this oversight establishes a balance between the powers granted to the
administration and the rights of employees, ensuring respect for the principle of legality and
preventing any administrative overreach or misuse of authority.
