
Issue No 19		25 June 1999

News

No Ship is an Island

By Zoe Reynolds - MUA media officer

The International Transport Workers' Federation and the Maritime Union of Australia have set a new legal precedent in the courts, which will help save seafarers worldwide from abuse and exploitation.


	Russian seafarer Nikolai Abramkin

The landmark decision by an Australian court to award compensation to a foreign seafarer injured on a foreign flagged vessel in an Australian port offers hope to seafarers world wide.

Russian seafarer Nikolai Abramkin was suffering from two serious injuries - a mutilated hand and a mugging. Nikolai was manually winding in the mooring rope on the Alexander Tvardovasky in the Port of Melbourne on June 13, 1996, when the broken winch spun out of control, wrapping the wrist thick rope around his hand and amputating the tops of his fingers. Back in Vladivostok, Nikolai repeatedly refused to sign that he would not sue his employers in the Australian courts. Soon after, in November last year, thugs broke into Nikolai's home and savagely beat him with iron bars. They left him for dead, taking all his identification, seafaring documents and passport, delaying his Australia trip by four months.

"We are not claiming the mugging is related. It may well be entirely coincidental," said Victoria ITF inspector Matt Purcell "But if the aim was to stop the case proceeding it failed, Nikolai is back in Australia and his court case has been successful."

Under Russian compensation law Nicolai received a meagre US$8/week. On June 11 Victoria's county court rejected his employers arguments that Australian law could not apply to a foreign flag vessel and awarded Nikolia $123,000 in damages.

"It sets a new legal precedent," said MUA National Secretary and ITF executive board member John Coombs. "Up until now shipping companies have argued that the law of the ship's flag applies in cases of injury or abuse of seafarers employed on board. In this case a foreign seafarer injured on a foreign flag ship in an Australian port has successfully taken his employers to court under Australian law and won damages. We've now set a precedent so we can pursue rogue shipowners, including the many ships of shame flying flags of convenience, who think they are free to physically abuse or expose their crew to injury, even when the ship is in port. "

Union solicitor Michael McGarvie successfully argued that although Nikolai was a Russian seafarer injured on a Russian flagged vessel, because he was in an Australian port at the time of the accident, he could sue under Australian law.

The precedent is far reaching. Up until now, the world over, shipping companies have argued that the laws of the flag state and only the flag state apply. That is why so many have been getting away with murder, exploitation, sexual and physical abuse on vessels even in Australian waters.

"The fate of thousands of injured seafarers hinges on the Abramkin test case," said Victoria's ITF inspector Matt Purcell. "Our victory sets a precedent. It offers hope for fair compensation for seafarers the world over."

And that is why the International Transport Workers' Federation, in Vladivostok and Melbourne made certain Nikolai got his travel documents and a ticket to Australia.

During the the first hearings in April, Nikolai's former employer, Vladivostok based Far Eastern Shipping Company (FESCO) argued that the ship was still under Russian law at the time of the accident. But the court ruled the case would go to full hearing and ordered FESCO pay Nikolai $600 a week living costs for the six week adjournment.

Nikolai claimed negligence, unlimited damages for pain and suffering, scarring and disfigurement, loss of enjoyment of life and sacrificed income. The winch had no crank handle, he was forced to use his hand to help wind in the ropes: "The ship was very old, over 20 years, and poorly maintained," he said. "Everything was broken. No one cared less."

Only that a port worker saw the accident and tipped off the ITF, Nikolai may never had won even the meagre US$8 month compensation under the Russian compensation scheme Matt had tracked Nikolai down in the local hospital, and held the ship up for 72 hours before FESCO agreed to pay Nikolai his US$1,100 wages owing and repatriation costs. Back in Vladivostok the ITF helped Nikolai win US$4000 in compensation and his monthly payment. Nikolai's wage was only US$218 a month compared to the ILO rate of US $1,605/month for an electrician.

With the help of the MUA/ITF, Mr Abramkin sued his employer Russian Shipping company FESCO for alleged negligence, claiming damages for pain and suffering, scaring and disfigurement, loss of enjoyment of life and sacrificed income. "The ship was very old, over 20 years, and poorly maintained," he said "Everything was broken. No one cared less."

Union lawyer Michael McGarvie, a partner with Holding Redlich, said the court decision was a significant legal breakthrough for the thousands of foreign seafarers who work in Australian ports each year. "This decision sends a warning to foreign operators that they must abide by our rules when they enter our waters."

He said the case also sets a precedent for other countries with a common law tradition, including the UK, South Africa, North America New Zealand, Malaysia, Hong Kong.

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  Issue 19 contents

Interview: Moore for the Battlers
NCOSS director Garry Moore gives the community sector's response to this week's State Budget

Unions: AWU's Bush Blitz
"This is AWU Country". That's the slogan for the Australian Workers Union as it launches its campaign to address the specific needs of workers throughout regional and rural Australia.

Indigenous: Nowhere to Run, Nowhere to Hide
A United Nations committee slams Australia on indigenous native title rights.

International: Unions Post-War Stand
The world labour group demands KFOR track war-crimes authors and says social dimension central to Balkan reconstruction.

History: How Swede It Was
Swedish seafarers play an important role in South Australia's maritime history.

Review: If He Had Only Listened To Me ...
If Michael Thompson had listened to me the current debate raging in the nation�s opinion pages about his book may not have been as hysterical.

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