Business Law paper URGENT

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Scenario1Answer.docx

Scenario 1 Answer:

As a legal consultant I first noticed a few clear points in the Case of Al Anood vs. Green Life LLC (her previous employer). I can say that there has been a clear violation of the Omani human right as well as labour laws. This cased can be split into two major fouls committed by Green Life LLC; first is that the company took away an essential facility that is required by the their employee (Al Anood) in order to be able to do her job and complete her tasks. In addition to taking her car away the company did not spare the time to justify and provide reasons neither did they inform Al Anood prior to the action. Secondly and most importantly is that the company terminated their employee with no given reason nor prior notice. These two points are clear violation of the laws of the country and are illegal.

According to labour law of Oman it is very much obligatory for any company to give notice 30 days prior to the elimination of an employer. Labour law also indicates that an employee must not be terminated unless they committed gross misconduct. Misconduct includes assault on the workplace, continuous absenteeism and using false identity according to article 37 of the Omani labour law.

In addition, the company violated Omani labour mentioned on article 12 of labour law which states that the employer must provide the required facility that job requires ; that being accommodation, transportation, or funds.

From where I am standing Al Anood has a number of directions in which she can move in order to get legal advice. First of all she can get more information on her labour rights and also prove her with the right civil case application if she intends to pursue this direction. Al Anood can reach out to Business and Human Right Centre if she wants fast resolution strategies for her dispute. For the enforcement of the resolution of this dispute she can seek the Reconciliation Committee of the Ministry of Manpower.

Al Anood can start off by reporting to the Dispute Settlement Department of Oman for immediate resolution as well as the continuation of her salary as case proceeds. If Al Anood is still not sure where to start I would recommend her to first seek the Omani Centre of Human Right which can give her a prospect on what is hers to take and then she should get legal advice from any local legal agency or lawyer to know exactly the steps she should take. Getting consultation from a legal firm or a lawyer might cost her but it should be worth it eventually as they will help her proceed with filing a civil case in Oman’s civil court.

Scenario 2 Answer:

The dispute of Ahmed and Al Habib LLC is a textbook case that relates to real estate law as well as property seller and purchaser protection law of Oman. The dispute here is very clear to me as Ahmed ha sofficially sold his commercial property located in Muscat to Al Habib LLC which have agreed to the payment method which was 5 installments of 5000 OMR that amount to the total of 25000 OMR and this the company is obligated by law to pay up the amount. Since Al Hbib LLC has stopped paying after the first instalment Ahmed can file a case to civil court of Oman against Al Habib LLC.

I recommend Ahmed to start up by seeking legal advice from legal firm or lawyer such as Dr. Tariq Al-Busaidi Legal Consultancy Bureau and Sahar Askalan Legal Advocacy & Consultancy as well as many other agencies as per his comfort and budget. These legal firms can help build up the case and direct Ahmed in the right way. After the case is filed the civil court of Oman will hod a judicial presiding during which a stay order will be released on the property which means Al Habib LLC is restricted to the sale or construction on the site. Ahemd can use the agreement in court as evidence to back him up and as per the real estate law of the country both parties; the seller and buyer are obliged to fall through the agreement and if Al Habib LLC still won’t pay the remaining amount the court will give Ahmed back his property without having to pay back the first instalment.