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Legal Action

Spinnaker Cautions Shipping Employers Over Foreign Workers' Rights

Maritime recruitment specialist, Spinnaker Consulting has warned shipping firms that they could face legal action if they do not apply UK standards to foreign workers. Overseas workers who spend some working time in the UK qualify for the same employment protection rights as resident UK workers. Writing in the latest issue of Changing Course, Spinnaker's monthly e-mail newsletter, managing director Phil Parry says, "A London employment tribunal ruled last month that foreign workers can claim rights under English employment law if they have spent some of their time working in the UK. This will undoubtedly affect some shipping employers." The decision arises out of legal changes made in 1999 implementing an EU directive on the posting of workers. Workers need no longer 'ordinarily' work in the UK to qualify for protection under the Employment Rights Act 1996, and the Sex Discrimination Act of 1986 now applies in all cases unless a person works wholly outside Britain. Parry says, "To avoid legal action, shipping employers should ensure that they apply the same employment standards to their overseas workers spending some of their time working in the UK as they do to those ordinarily resident and working in the UK."


Daewoo Shipbuilding Files Suit

Financially-troubled Korean shipbuilder Daewoo Shipbuilding & Marine Engineering Co. has reportedly filed a lawsuit against the Korean Ministry of National Defense after it apparently was not selected for a $1 billion military submarine contract. Hyundai Heavy Industries Co., is the apparent winner for the project, pending legal action. The filing will delay the submarine project, which was to start next month and run until 2009.


Daewoo Shipbuilding Files Suit

Financially-troubled Korean shipbuilder Daewoo Shipbuilding & Marine Engineering Co. has reportedly filed a lawsuit against the Korean Ministry of National Defense after it apparently was not selected for a $1 billion military submarine contract. Hyundai Heavy Industries Co., is the apparent winner for the project, pending legal action. The filing will delay the submarine project, which was to start next month and run until 2009.


Shipowner's Financial Woes Strand Seafarers for Six Months

Photo credit ITF

Moroccan seafarers finally head home after owners abandoned their ships, but wages still unpaid Moroccan seafarers left stranded in Spain after the ferry company they were working for ran into financial trouble have finally been repatriated after six months. The ITF (International Transport Workers Federation) initiated a solidarity campaign earlier this year after workers from the ITF-affiliated Moroccan Workers’ Union (UMT)


Macao Court Ruling Favors LVS

Las Vegas Sands Corp. announced that the Macao Intermediate Court has removed an interim injunction that had suspended the company's entitlement to operate a ferry service between Hong Kong and Macao. The CotaiJet service had been operating for just over a week and was offering service between Hong Kong's Macao Ferry Terminal at Shun Tak Centre and Macao's newly opened Taipa Temporary Ferry Terminal when it was suspended in mid-December.


ABS Fires Back Over Prestige Claims

ABS has instituted legal action against the Government of Spain seeking recovery for any claims made against the classification society for damages arising from the Prestige casualty. The ABS action is an aggressive response to the suit filed against the not-for-profit classification society by the Government of Spain seeking more than $700 million in damages for the pollution caused by the sinking of the tanker. In a concurrent action


EU Outlines Fight against Piracy

Piracy in the Western Indian Ocean has been a growing threat to security, international shipping and development since the mid-2000s. While bearing all aspects of organized crime, piracy is a complex issue that can only be overcome by combining political and diplomatic efforts with military and legal action, development assistance and strong international coordination. With all these tools at its disposal, the European Union (EU) is in a unique position to contribute to international efforts


Chinese Liftboat Hoists Shell's 'Noble Discoverer'

Alaska Lifting Operation: Photo courtesy of USCG

'Noble Discoverer', the massive drillship that is an integral part of Royal Dutch Shell's Arctic oil drilling ambitions, is getting a lift to Asia. The drill rig has been loaded onto the cargo deck of another vessel, the 708-foot Chinese-flagged heavy lift ship Xiang Yun Kou, which arrived in Resurrection Bay, not far from the Alaskan community of Seward, reports the Alaska Dispatch. Under the watchful eye of the Coast Guard, the Xiang Yun Kou began lowering itself into the water


Mauritania Aims to Annul Disputed Oil Amendments

Mauritania's government vowed to use all possible legal actions to try to annul disputed amendments to oil production sharing contracts signed with Australia's Woodside Petroleum Ltd. The dispute threatens to overshadow the scheduled production start-up this month of a major offshore oil project operated by Woodside, which will turn the poor, largely desert-covered West African state into the continent's newest oil producer


Overworked Mate Sets Legal Precedent

A former Maersk chief officer was awarded substantial damages by a Florida court after suffering heart damage as a result of working excessive hours A recent court ruling in Florida leaves shipowners facing the threat of legal action from seafarers who feel that their working conditions at sea have contributed to poor health, both in the US and other jurisdictions, lawyers have confirmed, reports 'Intermanager'.


Lawyer: Korea Ferry Owners Accept Responsibilities

The family that has a major stake in companies that control the shipping operator whose ferry sank last week, likely to have killed hundreds, will take social and legal responsibility for the incident, its lawyer said. The lawyer did not say that the family was assuming liability for what he


GAO: Limited Commercial Arctic Development Foreseen

Arctic Tow: File photo

Decreasing seasonal sea ice has opened up Arctic waters for longer periods with resulting potential economic opportunities in commercial shipping, cruises, commercial fishing, oil, and mining. In light of the importance of U.S. efforts to effectively manage Arctic issues, GAO was asked to examine U


China's Seizure of Japanese Ship has Pre-WWII Roots

It all began with a pre-World War II contract between China's then "ship king" and a Japanese company to lease two Chinese freighters. When the one-year lease was up in 1937, the ships were nowhere to be found. That year also marked the start of a full-scale war between China and Japan


POLB’s First Woman Commissioner Dies at 93

Louise M. DuVall (Courtesy POLB)

Louise M. DuVall, the first woman to serve on the Long Beach Board of Harbor Commissioners, died Saturday, April 19. She was 93. She was appointed to two terms on the Harbor Commission, serving from Feb. 6, 1979, to July 18, 1990. She advocated for women to rise in the legal profession and the


China's Japanese Ship Seizure has pre-WWII Roots

It all began with a pre-World War Two contract between China's then "ship king" and a Japanese company to lease two Chinese freighters. When the one-year lease was up in 1937, the ships were nowhere to be found. That year also marked the start of a full-scale war between China and


China's New Environment Law Submitted To Parliament

  Amendments to China's 1989 environmental protection law that will mean stiffer punishments for polluters have been submitted to the country's parliament for deliberation, official news agency Xinhua reported late on Monday. The National People's Congress (NPC)


Shipowners to Become Liable for Costs of Wreck Removal

Wreck image courtesy of IMO

Shipowner liability is on the horizon as the Nairobi International Convention on the Removal Wrecks will enter into force on 14 April 2015 following the deposit, on 14 April 2014, of an instrument of ratification by Denmark, with the International Maritime Organization (IMO).


Litigation Can Cost Shipbrokers an Arm & a Leg

File photo CCL3

A survey of London solicitors by specialist intermediaries insurer ITIC has highlighted the high cost of litigation for shipbrokers and others seeking judgment in the English courts, reports trade association Maritime London. Indemnity insurers ITIC gave a panel of London solicitors – all


Wreck-Removal Convention to Enter into Force

Photo courtesy IMO

Shipowner liability on the horizon as Denmark ratifies international instrument The Nairobi International Convention on the Removal Wrecks will enter into force on April 14, 2015 following the deposit, on April 14, 2014, of an instrument of ratification by Denmark


Obama Tells Putin U.S. Wants Diplomatic Solution In Ukraine

Earlier pic when Putin met Obama

U.S. President Barack Obama told Russian President Vladimir Putin on Monday that the United States preferred a diplomatic solution to the crisis in Ukraine but blasted Russia for taking actions that were not "conducive" to such a path.


Agreement Reached on Hong Kong Pellet Spill

A volunteer collects plastic pellets washed up on a bank of Lamma Island during a cleanup operation in Hong Kong (AP Photo/Kin Cheung)

Regarding the massive spill of polypropylene plastic pellets into the Hong Kong waters from a cargo ship during typhoon Vicente in July 2012, and following active negotiations amongst the parties concerned, a Hong Kong Marine Department spokesperson said a settlement agreement was reached for a


BWM Convention Problems Need Solutions

The global shipping industry – represented by the International Chamber of Shipping (ICS), BIMCO, Intercargo, Intertanko, World Shipping Council (WSC), CLIA and IPTA – has voiced continuing concern about serious implementation problems associated with the IMO Ballast Water Management


Possible tug strike at Port Hedland

 The risk of strike action at Port Hedland has escalated, after two more unions representing tugboat workers sought permission to ballot workers which possibly could lead to industrial action.   Last week, the Maritime Workers' Union representing tug deckhands won


High Cost of English Litigation for Shipbrokers

itic.jpg

A survey of London solicitors by ITIC has highlighted the high cost of litigation for shipbrokers and others seeking judgment in the English courts. ITIC gave a panel of London solicitors – all of whom had previously been instructed on cases involving ITIC members – a hypothetical


Second HNA Vessel Arrested Within a Fortnight

Justice image CCL3

Hong Kong company Shagang Shipping informs it has successfully obtained an order for the arrest of the HNA Group controlled 1999 built, 163,346 gt crude oil tanker M/V ‘GC Guangzhou’ at the Port of Gwangyang (Yeocheon) in South Korea.


 
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