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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.


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.


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)


CITIC Starts Court Proceedings Against Qingdao Port Operator

  China's CITIC Resources Holdings Ltd has begun court proceedings against the operator of a bonded warehouse at Quindao port as legal action ramps up following an investigation into metals financing fraud at the world's seventh busiest port. CITIC Resources said last month it had been unable to secure around 120,000 tonnes of alumina, more than half of the alumina stocks it had title to that were stored at the port pending payment by buyers and delivery.


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


Professor in Hot Water for Hosting Costa Concordia Captain

Costa Concordia aground (Photo: WikiCommons)

A professor who invited the disgraced captain of the capsized Costa Concordia to speak at a criminology seminar has been referred to the ethics committee at Rome's La Sapienza University, the university said on Wednesday. Professor Vincenzo Mastronardi held the seminar last month reconstructing the January 2012 shipwreck in which 32 people died, complete with 3D graphics and comments from the ship's captain Francesco Schettino, the university said.


Fugro Opposes Boskalis Legal Action

Fugro logo

  Fugro received a writ of summons from Boskalis to force a shareholder vote at its annual shareholders meeting scheduled for 30th April 2015 on a recommendation in respect of one of Fugro's three protective measures, i.e. the Foundation Continuity Fugro ("Stichting Continuïteit Fugro"). Fugro is willing to discuss the item in its shareholders meeting with its shareholders. This ensures that all shareholders will have ample opportunity for discussion if they want to


A Hundred Chinese Boats Encroach in Malaysian Waters

Map by San Francisco Bay Area Independent Media Center

 Malaysia has said that more than 100 Chinese fishing boats have been spotted within its Exclusive Economic Zone (EEZ) off Sarawak in the latest incident involving Chinese vessels in the disputed waters.   The boats were sighted near Beting Patinggi Ali, also known as Luconia Shoals


A Hundred Chinese Boats Encroach in Malaysian Waters

About 100 Chinese fishing boats have been detected encroaching in Malaysia's waters in the disputed South China Sea, Malaysia's state news agency and a coastguard official said on Friday.   The reported encroachment on Thursday is the latest action by Chinese vessels to raise concern in


How Politics Impacts OPA 90 Responder Immunity

Steven Candito

Many people today are frustrated with the current U.S. political process as we endure various government stalemates on budgets, Supreme Court appointments, and, of course, the Presidential election. The general theme is voters are angry with the political establishment and, as a result


WWF-Canada Brings Lawsuit Against Shell on Arctic

Two narwhal (Monodon monoceros) surfacing to breathe in Admiralty Inlet, Lancaster Sound, Nunavut, Canada. Photo: WWF-Canada

 WWF-Canada, represented by Ecojustice lawyers, is taking legal action to quash Arctic oil and gas exploration permits that continue to obstruct conservation efforts in Lancaster Sound, Nunavut.   The environmental group believes they “continue to obstruct conservation


Environmentalists Sue BOEM over Shell Plan to Drill in Arctic

Image credit: The Climate Desk

 Ten major environmental groups filed a lawsuit on June 2 challenging the federal Bureau of Ocean Energy Management's (BOEM) approval of Royal Dutch Shell's exploration plan for drilling in the Chukchi Sea this summer.   The lawsuit seeks a review of permits granted to Royal Dutch


More Legal Woes for Bankrupt OW Bunker

Pic: OW Bunker

 A group of 27 Danish institutional investors say they will launch a legal action against the former management of OW Bunker, a shipping company that filed for bankruptcy last year just six months after listing, and the private equity firm that brought the company to market.  


Maritime, Migration Heads Pledge Joint Action

Sekimizu (left) and Swing pledged to work together on a number of specific actions, including the establishment of an inter-agency platform for information sharing on unsafe mixed migration by sea and the dissemination of information material on the dangers of such migration, in collaboration with other interested agencies. (Photo: IMO)

The heads of the International Maritime Organization (IMO) and the International Organization for Migration (IOM) on Monday, June 29 reaffirmed their commitment to urgently address the humanitarian crisis arising from the dramatic increase in unsafe mixed migration across the oceans and seas in


Maritime Tribunal Rejects Plea to Free Italy's Marines

An international maritime tribunal on Monday rejected Italy's request that India provisionally release two marines accused of killing two Indian fishermen, a setback for the Italian government after a three-year legal battle. However the International Tribunal for the Law of the Sea in Hamburg


IMO Welcomes UN Resolution on Migrant Smuggling

“There is a clear recognition among IMO Member States that using the SAR system to respond to mass mixed migration was neither foreseen nor intended, and that although Governments and the merchant shipping industry will continue rescue operations, safe, legal, alternative pathways to migration must be developed, including safe, organized migration by sea, if necessary”

  IMO Secretary-General Koji Sekimizu has welcomed the adoption by the United Nations Security Council of a UN Security Council resolution which authorizes Member States to intercept vessels suspected of migrant smuggling off the Libyan coast.


U.S., Alaska End Exxon Valdez Legal Action

The Exxon Valdez remains in place in Prince Williams Sound, Alaska after running aground on Bligh Reef March 23, 1989, spilling 11 million gallons of crude oil (USCG photo)

U.S. and Alaskan authorities have ended their efforts to seek additional damages from Exxon Mobil Corp over the 1989 Exxon Valdez oil spill and the subsequent settlement, the Department of Justice said on Thursday. The department said in a statement that it is "bringing to a close the


IMRF: People in Distress Should be Rescued by All Vessels

Bruce Reid (Photo: IMRF)

Recent reports that some would-be rescuers do not fully understand the legal context of rescue at sea, and may have been deterred from helping people in distress because of possible legal action by local authorities seeking to counter trafficking activity are misplaced


EU to Fight Spanish Ship Finance Scheme

Regulators cracking down on national schemes which benefit some; more legal battles ahead with Luxembourg, Dutch tax appeals. EU state aid regulators are looking to Europe's top court to back their decision against a Spanish tax lease scheme for shipbuilders


Statoil Ends COSL Innovator Rig Contract

COSL Innovator Troll. Pic by COSL

 Norway’s Statoil ASA  has decided to end its contract with a drilling rig operated by China Oilfield Services Limited, or COSL, three months after a worker died when the rig was hit by a wave during a storm in the North Sea.   


BP Escapes US Lawsuits Over Post-Gulf Spill Drilling Ban

BP Plc does not have to face U.S. lawsuits by energy and drilling companies over losses they suffered from an offshore drilling ban imposed soon after the 2010 Gulf of Mexico oil spill, a federal judge ruled.   U.S. District Judge Carl Barbier in New Orleans agreed with BP that federal law


Turkish Authorities Intercept Hundreds of Migrants Trying to Cross Aegean

Turkish authorities intercepted hundreds of migrants trying to reach the Greek island of Lesbos on Friday, in a major operation involving coastguard ships and helicopters, as European leaders clinched an agreement with Ankara to halt illegal migration.  






 
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