7 Dec 2012
Superyacht 'Cacique' detained because of unpaid crew wages
By William Mathieson | 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.
Royale Oceanic Profile | Royale Oceanic Website
Add a comment
Other Business News
Baglietto has recently completed a shipyard expansion and plans to continue its evolution. With a new office opening in Fort Lauderdale during FLIBS, and the possible acquisition of naval property, the builder looks set to continue its resurgence. More
The Gilmour Group and all its associated subsidiaries, including Royale Oceanic International, have undergone a restructuring process. SuperyachtNews.com spoke to Barry Gilmour, chairman of The Gilmour Group, about the process and the future. More
SuperyachtNews.com spoke to Kiran Jay Haslam, marketing director at Princess Yachts about the restructuring at the yard, announced at the beginning of July, and what is in the pipeline for the Plymouth based yacht builder. More
Porto Montenegro has completed the conversion of the Lido Mar complex into the new Porto Montenegro Yacht Club. More
Superyacht Intelligence Data
Jets Vacuum AS
Jets Vacuum has for over 25 years been the leading innovator in vacuum sanitation technology. With over 9000 Jets systems in operation on all types of ships, Jets are known for high quality, flexible cost efficient solutions backed up by first class word wide service
ASEA POWER SYSTEMS
ASEA POWER SYSTEMS is the Marine Industry Leader for Shore Power Conversion equipment ranging in power from 8kVA - 1000kVa.
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.
is the leading online portal provider of career and recruitment resources for professionals in the superyacht industry. This includes yachts as well as shore-based companies. Take control of your recruitment and advertise your jobs direct to 30,000+ registered crew, 23,000+ unique monthly visitors and 10,000+ social media followers.
Professional Integrated Navigation Systems based on cutting-edge technology and decades of experience. Ultimate knowledge and flexibility in system integration. Dedicated customer care throughout the whole project and beyond.
GO2 Global Yachting
We handle worldwide sales for GO2, Cerion Energy's DAME Award winning and highly effective nanoparticle based diesel fuel additive. GO2 is currently in use by over 90 superyachts worldwide, with excellent feedback from captains and engineers. GO2 can be supplied worldwide.