23 April 2014
SuperyachtNews.com News brought to you by Master Yachts
7 Dec 2012

Superyacht 'Cacique' detained because of unpaid crew wages

By | Other articles by this author

According to a report on La Spezia-focused newswire Cronaca4, the 40m superyacht Cacique has been detained on the order of local judge Dr Giampiero Panic under the auspices of the ‘International Convention for the Unification of Certain Rules for the arrest of seagoing ships’. The detention was called for following claims by the yacht’s crew that the holding company had failed to pay them, with an additional loss of potential earnings.

SuperyachtNews.com confirmed with the local port – Porto Lotti – that the superyacht had indeed been detained. A representative for Porto Lotti said that the local Coast Guard had undertaken a seizure, and that Cacique was being held at the port on the basis of a court order, but was unable to reveal further details of its circumstances.

But Sabina Prandi, the legal representative for the captain and stewardess who are claiming unpaid wages (another crewmember – the chief engineer - is undertaking the same claim, but with different representation), was more forthcoming about the current situation.

Prandi asserts that, when the vessel was purchased in September 2012 by a Caribbean-based holding company the crew undertook a month of unpaid work, based on the promise of contracts materialising in the future. During this period the crew were offered contracts aboard other superyachts, which they declined based on the promise of a contract to work on board Cacique.

So, on this basis, Prandi says the claim is for “sums of money for the month that the crew were on board without being paid, and additional compensation for loss of work.” “They have probably lost between three to six months of work, as now it is too late for this winter”, she explained.

With the vessel detained Prandi says the holding company effectively has two options: to pay the sum her clients are demanding or to pay the court a fixed sum so that it revokes the detention order. However, it appears neither eventuality appears likely.  “They don’t want to pay and it is looking very unlikely they will,” Prandi predicted. “So it does not look like the yacht will go free.”

Unfortunately it appears this dispute is set to continue, with the likely outcome disillusioned yacht crew and a disgruntled beneficial owner who is unable to enjoy his newly purchased vessel. In Prandi’s view, “It will take about two years for this process to [reach a conclusion], and if they do not pay the yacht will not be released for this two year period.”

For Geoff Moore, general manager at Royale Oceanic's yacht management division, this case is indicative of the need for the incoming Maritime Labour Convention, and the protection it guarantees for seafarers finding themselves in similar scenarios.

"The contracts the crew had under their former employers should have been met and closed when the yacht was sold to the holding company," Moore explained.

"I think this leads onto the MLC and [demonstrates] how the situation would be different if we were to fast track a year into the future and a similar yacht was arrested. The seafarers will be well protected with approved Seafarer Employment Agreements that are approved by the flag state. The 'shipowner' - who will often be the management company, as they can be accountable - will have to ensure the crew are financially secure, salaries are paid and they are repatriated. The law will ensure that, even if the beneficial owner is bankrupt or similar, seafarers will be looked after as the shipowner must have adequate insurance in place to be able to settle these issues."

N.B. The vessel in question is not First Draw (formerly Cacique), as previously reported. 

Related Links

Royale Oceanic Profile | Royale Oceanic Website

Comments

Add a comment

1800 character limit

Having problems? Let us know editor@superyachtnews.com

Other Business News

Azimut identifies a Thai solution

Pinnacle Marine, Thailand's exclusive Azimut dealer, has appointed Yacht Solutions as its official service agent. More

Bellwether show in Rio tells of a market in need

The Rio Boat Show concluded last week with it's largest yacht ever on show—a 28m Benetti Delfino—but amidst ongoing concerns that domestic buying is weak while exports are hampered by taxes More

LeBlanc joins the Heinen & Hopman Group

Heinen & Hopman Engineering in the Netherlands has announced a merger with LeBlanc & Associates, LLC. More

Palumbo Marseilles Superyachts ITM open for business

Palumbo Group has announced that Palumbo Marseille Superyachts ITM has officially restarted its activity with an 85m superyacht entering into the yard's dry dock. More

business News Archive

Superyacht Intelligence Data

Most Recent Comments

  1. Mark Cornell leaves Edmiston More
  2. Tier III requirements shelved until 2021 More
  3. Captain contacts SYN to reveal crew are not being paid More
  4. Marina-meets-yacht club in Miami...and gives berth! More
  5. OceanLED Marine says it will honour existing contracts More
SuperyachtNews app available now. Click here to download.
Tailor a subscription package to suit your needs
Latest issue
Latest issue

E-Newsletter

Get regular updates from SuperyachtNews with our weekly Email Newsletter.

Submit

SuperyachtIndex.com

Latest Premium Listings

TEAKDECKING SYSTEMS, INC.

TEAKDECKING SYSTEMS, INC.

Oceanco

Oceanco

BEGUM YACHTING - Exclusive Yacht Agent

BEGUM YACHTING - Exclusive Yacht Agent

MAST LTD

MAST LTD

Peter Insull's - The Crew Agency

Peter Insull's - The Crew Agency

metrica INTERIOR

metrica INTERIOR

Association of Yacht Support Services AYSS

Association of Yacht Support Services AYSS

Directory. Add your logo here with a premium listing.
 
 
 
 
 
 
 
 
 
 

Featured Listings

Associations & Unions

Association of Yacht Support Services AYSS
The AYSS global network provides all major support services to Superyacht Captains, Crew and Owners to ensure an enjoyable cruise.
wwwayss.org

Rigging

Reckmann Yacht Equipment GmbH
Reckmann Yacht Equipment GmbH is a specialist company for reefing systems, masts and hydraulics and will celebrate the 120th anniversary in 2012. Today, the company is one of the leading producers and traders of headsail reefing equipment and is a synonym for quality, continuity and innovation.
www.reckmann.com

Shore Power Convertors

ASEA POWER SYSTEMS
ASEA POWER SYSTEMS is the Marine Industry Leader for Shore Power Conversion equipment ranging in power from 8kVA - 1000kVa.
www.aseapower.com

Interior Fittings, Water Treatment & Watermakers

Evac Oy
Evac designs, manufactures and markets environmentally friendly vacuum toilet and wastewater treatment systems for the yacht and shipbuilding industry. With the latest advanced technical innovations we provide quality, reliability and design.
www.evac.com

Add your company listing here

Add a featured listing here and your advert will appear on every page of SuperyachtNews.com, SuperyachtIntelligence.com, SuperyachtIndex.com, TheCrewReport.com and SuperyachtJobs.com.

Add my company listing