Legal action: solving the problems of seafarers with the help of MLC-2006

EAST STAR 1/Sierra Leone/IMO: 9105669 

Ex-3rd Engineer Fabrika Roman decided to apply to the Court to recover his backpay of RUB 158 818,45. He requested assistance for preparing documents on his backpay claim to the Court. The claim was forwarded to the District Court under MLC 2006, Standart A1.4.5 (C(vi), to compensate seafarer for monetary loss that he may incur as a result of the failure of a recruitment and placement service or the relevant shipowner under the seafarers’ employment agreement to meet its obligations to him. The claim was against the crewing company “Sea Wave”.  On 25 December the 1st hearing was held. The next hearing was appointed on 21 February 2019. The decision was taken in favor of the seafarer. The Court of first instance satisfied the claim amount in full. Soon after the Court’s hearing the Company paid the outstanding amount in the office.

At the end of November another ex-crewmember of the above vessel (who also applied previously in March 2018, pls see my QR for I quarter) ex- A/B Sholokh Konstantin also requested assistance for preparing documents on his backpay claim to the Court. The claim was forwarded to the District Court under MLC 2006, Standart A1.4.5 (C(vi), to compensate seafarer for monetary loss that he may incur as a result of the failure of a recruitment and placement service or the relevant shipowner under the seafarers’ employment agreement to meet its obligations to him. The claim was against the crewing company “Sea Wave”.  The amount of claim was RUB 130 635. The 1st hearing was appointed on 9 January 2019, the second one – on 24 January 2019. The decision was taken in favor of the seafarer. The Court of first instance satisfied the claim amount in full. However, the company didn’t agree with this decision and forwarded the Appeal claim to the Krai Court.

On 9th Аpril the Krai court approved the Decision of the District Court in favor of the ex-A/B Sholokh.

Petr Osichansky, head of the Primary trade union organization of the Seafarers’ Union of Russia in Vladivostok and the ITF Inspector in Vladivostok