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Lloyd's Maritime Law Newsletter

Dutch Supreme Court holds ITF strike unlawful

In May 1981 some 25 Philippino crew members of the vessel Saudi Independence , lying at Rotterdam, went on strike for higher (ITF scale) wages. The crew members’ action was supported by the ITF. At first instance the Rotterdam Court, applying Philippine law (the law of the individual employment contracts) decided that under that law the strike was unlawful and ordered the crew members to resume their work. In April 1982 the Court of Appeal at the Hague upheld that decision. The ITF had argued that Dutch law should be applied as lex loci .

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