English abstract
This study aims to explore the jurisdiction of the administrative court over appeals by employees in the Sultanate of Oman. It aims to achieve this by attempting to address the following issues:
• The reality of employee disputes in the period prior to the establishment of the administrative judiciary in the Sultanate, the organizations that were responsible for resolving these disputes, their competences and the similarity of the approach of the administrative judiciary in this regard.
• The mandate of the Administrative Court in looking at employee disputes and exploring the meaning of a public employee in regard to these disputes. The scope of the mandate of the Administrative Court to look into employee disputes in the two periods of the development of the competence of the court before and after the changes that were made to the law of the Administrative Court in the year 2009.
• Employment disputes that fall within the mandate of the Administrative Court, the associated concepts and the limits of this mandate. The nature of the jurisdiction of the administrative judiciary over employee appeals and the types of these appeals.
In order to answer these questions the researcher divided the paper into two chapters. The first chapter is further divided into two sections, the first covers the stages through which the mandate of the court has developed, and the second covers the subject matter of employee claims that the court is responsible for looking at.
The second chapter has been dedicated to explore the nature of the jurisdiction of the administrative judiciary in looking at employee appeals. This chapter is divided into three sections, the first covers the mandate for setting asidedecisionson the grounds of inappropriateness, the second covers the mandate for "Complete Administrative Adjudication" in settlement claims, and
the third is covers the mandateforcompensation.
The main recommendations made by the study are:
• A third judicial level should be established by creating a supreme administrative court that contributes in enforcing and unifying the principles of administrative law in the Sultanate. The court should continue its approach in narrowly interpreting of legal texts and Royal Orders that limit the scope of its mandate in order to cover all kinds of public employees.
• The mandate of the court should be expanded to cover all employees whether occupying permanent or temporary jobs. The employees must be made aware of the procedures and time limits in this matter in order to ensure that they do not lose their rights as a result of the lack of awareness of procedures or time rules. More specialized research and studies on the mandate of the administrative court, employee disputes, and the legal principles that the court has established in this regard must be carried out.
