The Houda Pearl - Natal Provincial Division (Howard J.) - 1983(3) SALR 421

Crew contracts entered into under ITF influence - Whether enforceable

This was an action in rem by Filipino seamen for wages due and payable to them by the owner of the Cyprus registered vessel Houda Pearl . In October 1978, while the vessel’s sister ship Houda Star was in the Italian port of La Spezia, the crew went on strike in support of a demand for wages in accordance with ITF rates. It was clear from the evidence that the strike was organised by the ITF. The effect of the “blacking” was that the vessel was prevented from leaving La Spezia until the demands of the ITF were met. These demands were for a large sum of money in arrear wages for the crew and the conclusion of contracts stipulating for ITF wages and conditions of service in future. A compromise was reached in respect of the arrear wages and an amount in excess of US $100,000 was paid to the ITF for distribution among the crew. New service contracts as required by the ITF were concluded with the members of the crew and the Houda Star was permitted to leave the port.