GALAXIAS STEAMSHIP COMPANY, LTD. v. PANAGOS CHRISTOFIS AND OTHERS.
(1947) 81 Ll.L.Rep. 499
KING'S BENCH DIVISION.
Before Mr. Justice Sellers.
Seamen-Discharge-Refusal to leave ship- Trespass-Damages-Wages, etc.-Long service bonus-Greek law-Defendants (Greek seamen) signed on in January, 1948, as members of crew of plaintiffs' steamship at United States port-Dollar advances made to crew-Voyage to Dakar with cargo-Cargo then taken on board at Takoradi for Sauda (Norway)-Request by crew during voyage and at Sauda for advances in dollars for transmission to their families in Greece-Master unable to arrange for dollar remittances- Later demand by crew at Sauda to be paid in sterling wages up to date of completion of discharge at Sauda, advances in respect of the following voyage, and long service bonuses - Refusal by crew to complete discharge and to sail for next loading port (Narvik) unless demands granted-Unsuccessful attempts by master and shipowners to meet crew's demands as to method of payment-Dispute as to terms of service-Crew signed on under articles which incorporated the Greek Collective Agreement (dated 1943) which provided (inter alia):
That this agreement is valid for one full round voyage (that is to say, from Britain and return to Britain).
Duration of Engagement.
Seamen will sign on for a full round voyage (e.g., from and back to the United Kingdom), subject to the following conditions and restrictions:
(1) At the end of the round voyage seamen shall be entitled to obtain their discharge, if they so desire, provided they inform the master before the ship's arrival to her port of discharge. The signing-off takes effect after the ship has completed her discharge. . . .
(2) (b) Those completing six months' continuous service on the ship shall be entitled to a long period service bonus. . . .
Advances, when pay starts,
payment of wages.
(1) Seamen upon signing on are entitled to an advance . . .
(2) As regards advances against wages at intermediary ports, it is agreed that seamen are entitled to receive an amount up to half of their earned wages (that is to say, basic wages and war bonus), after deduction, however, of advances already received.
Galaxias Steamship Co., Ltd. v. Panagos Christofis and Others.
K.B.
500
Whether ship on "round voyage" - Meaning of "intermediary port" - Collective Agreement modified by Supplementary Collective Agreement (dated Nov. 29, 1947) which provided (inter alia):
The payment to the crews of the tramp ships of the [long service bonus] will be continued until the new General Collective Agreement is signed, and not, at any rate, after the 30th November, 1947, after which date they are definitely to be abolished.
Greek Commercial Code:
361. . . . Any seaman discharged without just cause shall be entitled to compensation in addition to payment for the services performed by him.
362. The members of the crew shall be entitled to remain and be maintained on board until payment of their wages or the share of profits or freight due to them.
Strike of crew at Sauda causing delay preventing fulfilment of next charter voyage from Narvik to Cardiff - Ship worked to Newcastle-upon-Tyne under promise by master that crew would not be penalized-Inquiry held on board at Newcastle by Greek Government official, as result of which crew were signed off by Greek Consul, their seamen's books were confiscated and sent to Greece, and provision was made for repatriation-Crew paid full wages except in respect of strike period at Sauda-Refusal by crew to leave ship-Claim by shipowners for damages for trespass and for breach of contract- Counterclaim by crew for full wages without deduction, for long service bonuses, and for compensation for "discharge without just cause" - Further counterclaim for damages for detention of seamen's books.