WILSON V THE SECRETARY OF STATE FOR TRANSPORT AND OTHERS

[2015] EWHC 2330 (Admin), Queen's Bench Division, Administrative Court, His Honour Judge Keyser QC, 31 July 2015

Seafarers - Administrative appeal - Victimisation - Maritime Labour Convention 2006, Regulation 5.1.5

This administrative appeal was the first judicial consideration of the Maritime Labour Convention 2006 by the England and Wales courts. The appellant crew member of the second respondent's ship had been dismissed from service during the probationary period of his contract. Two separate letters had been sent, the first of which referred to the substance of a complaint he had made during his service. The appellant argued that Regulation 5.1.5 of the MLC, proscribing victimisation as a result of complaints, was therefore triggered. The defendants were notably the Secretary of State representing the Maritime and Coastguard Agency, the body tasked with overseeing UK-flagged vessels' compliance with MLC, and the shipowning employer, a cruise line. The defendants argued that the second letter which did not refer to the subject matter of the complaint was the operative dismissal letter. The judge agreed, dismissing the claim. There was consideration of and obiter dicta on the MLC's concept of victimisation and on the MCA's administrative procedures for enforcement of the MLC and handling of seafarer complaints.