By HERBERT VEGO
TWO ship captains are “too many” for a single ship. But this scenario actually played out with a humiliating consequence for one of them, who had no recourse but fight back for his dignity.
The opportunity to “command” an overseas vessel presented itself to Ali Yosoya of Manila when Shiplink Agency hired him in behalf of Shen Zhen Blue Shipping. He would be the captain of an overseas oil tanker, M/V Bossoil for a salary of US $6,000 per month effective January 5, 2012.
On boarding the ship, however, he discovered to his chagrin that the supposedly “previous” captain, also a Filipino, had not left the vessel on the ground that his contract had not yet expired. Apparently, the error had sprung from negligence of the shipping agency.
Yosoya, of course, insisted on contesting the post, but to no avail. A high official of the shipping agency ruled in favor of the “unexpired” ship master. His offered solution was to demote Yosoya to one rank lower, as chief mate, naturally with a lower salary of $5,000.
He had no choice but agree. He had already been on standby for many months, and so he needed to regain income.
If it was any consolation, the crew addressed him “Captain” because that was his true rank.
Yosoya found himself unable to work harmoniously with the other captain, but he tried his best to obey the recognized captain’s orders. There were times when he would perform tasks he did not have to. Despite his apparent subservience, the recognized captain worked out a way to replace him with another chief mate.
The shipping agency pulled him out of duty on April 23, 2012 for repatriation to Manila despite the obvious fact that Ali Yosoya had only served three of nine months stipulated in his contract. He confronted the captain for an explanation but the latter just ignored him. He could have welcomed that relief had he been given a captain’s assignment on another vessel, but he was left out in the cold; or had he been paid the entire compensation he would receive at the end of his nine-month contract.
Naturally, Ali Yosoya – sure as he was that he was a victim of breach of contract – had by then reached the end of his stretched patience. On arrival in Manila on April 24, he demanded that Shiplink Agency pay him the amount corresponding to around six months of his unpaid contract.
Once more, he found himself at the receiving end of injustice. Not only had the company failed to formally justify his premature termination; it had also willfully ignored his claim for what he believed was rightfully his. It left him with no alternative but consult the Free Legal Assistance for Seafarers (FLAS) group led by lawyer/philanthropist Pedro Linsangan.
The maritime lawyer submitted the seaman’s claim for arbitration on the issue whether Capt. Ali Yosoya had been illegally dismissed and was entitled to full compensation specified in his contract.
The labor arbiter saw merit in complainant’s position. He rendered a decision granting Capt. Yosoya’s claim for payment of the unexpired portion of his contract plus 10 percent for attorney’s fees.
The arbiter noted that respondent shipping agency had not produced a single evidence or cause that would validate its premature termination of a contract that had been violated from the beginning.
Complainant could have fought back for damages that would compel the respondent to pay bigger amount but eventually restrained himself in exchange for immediate settlement amounting to US $29,010.47 or around P1.3-million in local currency. Not bad for three months of actual work.
Filipino seamen and their relatives may access further information on the Free Legal Assistance for Seafarers (FLAS) advocacy by listening to the radio program “Tribuna sang Banwa” on Aksyon Radyo-Iloilo every Sunday, 12:30 to 1:30 p.m. It is hosted by Neri Camiña, who may be contacted through cellular phone number 09173288742./PN
