3 September 2015
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

Sea Hawk

Fledgling company, Hawk Yachts, has released details of its first superyacht concept. The 'Sea Hawk' is a 103m, Polar Ice Class 6 Level explorer vessel designed to see the world. Hawk Yachts will introduce the concept at the Monaco Yacht Show. More

Out with the old

Marinanow and Navigo have engaged in a joint enterprise to kick-start the digitalisation of Mediterranean port documentation. More

Rocco Finocchiaro to head Merle Wood's European operation

Merle Wood is to establish a permanent European brokerage operation for the first time. The new venture will be headquartered from Monaco, and run by industry stalwart, Rocco Finocchiaro. More

Valk[ing] in the right direction

SuperyachtNews.com spoke with Yoeri Bijker, marketing manager of Van der Valk Continental Yachts, about entering the superyacht market and the Monaco Yacht Show 2015, receiving an exclusive look at Van der Valk's newest concept.  More

business News Archive

Superyacht Intelligence Data

Most Recent Comments

  1. Court rules non-disclosed market value to be inducement More
  2. Superyacht sinks off Mykonos More
  3. The land of opportunity More
  4. Managing the details More
  5. Southern hospitality 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

Thraki Yacht Painting GmbH

Thraki Yacht Painting GmbH

multiplex GmbH

multiplex GmbH

SuperyachtsMonaco

SuperyachtsMonaco

Superyacht Intelligence Agency

Superyacht Intelligence Agency

Edmiston & Company (Crew)

Edmiston & Company (Crew)

GINNACLE TEAK IMPORT EXPORT PTE LTD

GINNACLE TEAK IMPORT EXPORT PTE LTD

Viking Recruitment

Viking Recruitment

Directory. Add your logo here with a premium listing.
 
 
 
 
 
 
 
 
 
 

Featured Listings

Recruitment

SuperyachtJobs.com
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.
www.superyachtjobs.com

Marinas & Ports

Ocean World Marinas
Ocean World Marina is the only full-service marina located between the heavily traveled Florida/Bahamas area and the Puerto Rico/Eastern Caribbean region.
www.oceanworldmarina.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

Brokerage & Charter, Yacht Management

SuperyachtsMonaco
SIBELLE at Monaco Yacht Show SuperYachtsMonaco is pleased to announce that the 2008 44m Heesen SIBELLE has been reduced to 18,500,000 euros. In AAA condition, never chartered and recently refitted, she is on the market for the first time. She will be available for viewings at Monaco Yacht Show. Please contact Alex +377 93 25 03 48 for more information.
www.superyachtsmonaco.com/sales/sibelle

Navigation

Raytheon Anschuetz
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.
yacht.raytheon-anschuetz.com/

HVAC & Refrigeration, Water Treatment & Watermakers

ENWA Water Technology AS
Enwa designs, manufactures and delivers environmentally friendly water treatment solutions for maritime applications. Working closely with our customers enables us to supply efficient systems which are backed up by a world wide support network.
www.enwa.com

AV & Entertainment, IT Services, Lighting

Exmoor Technology Marine
Building on 5years experience distributing WaveWiFi products in Europe, new YachtSurfer range, focuses on maximising the benefits and availability of 4G-LTE mobile internet worldwide.
www.yachtsurfer.net

Fuel & Lubeoil Supplies

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.
www.go2globalyachting.com/benefits-of-go2

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

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