● Crew Management ● Course Code – LP0071 Part A 1. Andreas only speaks Portuguese and the contract is in English with an English jurisdiction clause which reads as follows: “All disputes are to be heard in England, unless the dispute relates to any issue of employment which will be governed by the laws of the Dominican Republic, unless you are resident in the Dominican Republic in which case the contract will be governed by the laws of North Korea. In the event that a claim is brought, you agree to indemnify the ship-owners against any losses, including legal expenses, incurred by the ship-owner and not to take any further action unless permission has been granted by the ship-owners.” Why is this clause unenforceable? Maritime law …show more content…
For example the British government objected to what it saw as broad reforms by the back door as the directive not only included new health and safety provisions. It is notable that this directive does not apply to the maritime sector where it would be impossible to implement. To provide Matthew with the correct advice I would draw his attentions to the Maritime Labour Convention and how it can provide him with all the necessary contractual agreements concerning his working hours and safe working practise which can be found in title 2. Conditions of Employment - which documents the seafarer’s employment agreements shall be agreed to by the seafarer under conditions which ensure that the seafarer has an opportunity to review and seek advice on the terms and conditions in the agreement and freely accepts them before signing. Should he still be unclear or require further advise I would then provide information on current IMO and STCW legislation concerning "hours of rest" 3. Jorge, a representative of the ship-owner, has read a recent correspondence from you regarding the Maritime Convention 2006. He is adamant it does not apply to The Inquest as the ship flies under the flag of the state of lesserregulation. Explain to him with an example how the convention does apply. The Maritime Convention 2006 applies in the case of The Inquest even though it flies under the flag of lesseregulation as the convention aims to prevent unfair competition through
The area of law to be discussed would be implied 'terms of a contract which are not agreed by the parties.' They are terms which are related to 'contingencies which might affect the contract of employment in this case.' This is what 'parties intended but left unwritten in the gap of a contract.' There are five conditions by which a contract would be satisfied before a term would be implied. They are 'reasonable and equitable, necessary to give business efficacy so no term will be implied if
Britain’s government, recognizing that industrialization was transforming Britain away from its aristocratic and agrarian traditions and fearful of the consequences, responded initially by trying to repress the movement for reform.
1. Kennedy, Dissent(even though the K does not require payment against documents, it is necessarily implied by the term CIF, because otherwise the S would give up the goods, while B would still be able to reject them at the port of delivery, or would have to hold the B/L until goods were accepted, in violation of the K. This view was taken upon appeal to H of Lords.
b. By not report his proper hours, Kevin will be violating Rule 56.4. AICPA Standards 56.4 – Due Care: Members should be diligent in discharging responsibilities to clients, employers, and the public. Diligence imposes the responsibility to render services promptly and carefully, to be thorough, and to observe applicable technical and ethical standards.
The aim of this early conciliation is to encourage as many cases as possible to settle ‘compromising’ the claim through a settlement agreement (previously called a ‘compromise agreement’) an agreement achieved through Acas conciliation (a ‘COT3’). Appendix 3 is an early conciliation Flow Chart (ACAS)
On the present case being addressed to the International Court of Justice in dealing with the matter of sovereignty over the Island of Manca, the issue of legality belonging to which side of the parties at dispute is put forward. The problem however, lies in, the period at which the dispute took place, for International law has not evolved at that time unlike in this day and age.
In the Life Cycle Completed by Erik H. Erikson, Erikson talks about the stages in life those stages range from infancy to elderly age. The stages are basic trust vs. basic mistrust, autonomy vs. shame and doubt, initiative vs. guilt, industry vs. inferiority, identity vs. identity confusion, intimacy vs. isolation, generatively vs. stagnation, and finally integrity vs. despair. In Wild Strawberries the character Isak Borg goes through all the stages that Erikson talk about in his book Life Cycle Completed and you get a visual understanding of what Erikson means about the stages.
Employment law encompasses remedies that address employee grievances and discrimination that occur in the workplace environment. The foundation of this system is the United States Constitution, which provides two sources of laws and regulations. These two sources are individual state constitutions and the national constitution. Under this system of federalism, there is also the Bill of Rights, which provides the origins of the majority of employment law. The most widely known document is Title VII of the Civil Rights Act of 1964 (42 U.S.C. Sec. 2000e et.seq.) The judicial, executive, and legislative branches of the government of the United States create and enforce rules and regulations as promulgated by the constitution. Individuals
She is being used for harbour tours around Port Fraser during the summer months between 0800 and 1800 (ie. during daylight hours only - see the extract from the Ops extract below). If the operator uses Katie as skipper, would they be operating within the law? The date is 1 June 2012.
Identify and describe the specific issues Maalick encountered in the workplace. Do the actions of other workers at Treton represent discrimination and harassment? What elements of law are important for Treton to consider?
The American employment laws are designed to foster human dignity and in the process provide employees with various tangible benefits. It is therefore expected for employees to be on the forefront in supporting and adhering to them. Likewise if an organization applies effectively these laws, it can benefit massively from dynamic, healthy, motivated, and productive employees. It therefore goes without saying that managers, just like employees, should promote these laws and thus ensures the organization conforms to them. Generally these laws govern the workplace actions of employers and employees. It ensures a fruitful and legally conducive environment and relationship exists between these two parties, and within employees
The World Trade Organization (“WTO”) Dispute Settlement System and the International Centre for the Settlement of Investment Disputes (“ICSID”) are two of the most widely used methods of international dispute settlement.
After approval from the company’s executive board, John Penman knew that Nodal Logistics Corporation could invest in a $45 million industrial property of 800,000 square feet in Sao Paulo, Brazil. This represented an important long-term opportunity because the company’s global position could be greatly improved. However, the problem appear when Nodal Logistics’ legal department received a notification from their Sao Paulo based associate saying that, under Brazilian Law, all commercial real estate contracts must be
“A supreme court of high calibre has been established in the Caribbean which would be able to…develop a modern Caribbean jurisprudence in an international context…All possible steps should be taken to encourage the Caribbean to accept the jurisdiction of their own supreme court…”
In an era of organizational flux due to competition and globalization, companies and employees are faced with constant change. Leaders must be able to adapt to change as the environment shifts. HR has been known as the organizational change agent, administrative expert, and employee advocate. More recently they have been regarded as business strategic partners for many organizations. In order to be successful and remain competitive in today’s market, Human Resources (HR) must be considered a strategic partner if an organization wants to flourish. Top executives today commit significant resources to ensure that their company’s functions are capable of rapid change and achieving their