The Protection Of Seafarers’ Wages In Admiralty: A Critical Analysis In The Context Of Modern Shipping

Abstract

There is a well established line of authority in Admiralty that seafarers are entitled to unique legal rights that are not available to land-based employees. The most important maritime law right for seafarers is the maritime lien for wages. The admiralty courts have used colourful rhetoric to justify the special rights afforded to seafarers: the wages lien has been called a “sacred lien”; and seamen have been dubbed “favourites of the law”. This paper predominantly focuses on the modern application of the wages lien, with a view to question just how closely the law has followed the rhetoric in reality.

This analysis provides information and discussion on all aspects of the seaman’s claim for wages. It begins with the topic of the exercise of jurisdiction in Admiralty, followed by an examination of the substantive claims for wages. Issues relating to the wages lien include: a brief outline of the historical developments that have led to the current state of the law; the definition of “seaman”, which determines who is allowed to claim the wages lien; the types of claims by seamen that are covered by the term “wages”; the conflict of laws issue of whether foreign legal privileges for wages should be recognised; whether the wages lien depends on a contractually enforceable debt between the seafarer and the employer; and whether seafarers can contract out of, or transfer the wages lien.

Apart from the wages lien, this paper also discusses the statutory right of action in rem for wages, which is an important right, because it expands the scope of admiralty jurisdiction in rem to cover sister/surrogate ships. The penultimate section of this paper explores the effect of forfeiture on the rights of seafarers, and the possibility of applying for relief when ships are forfeited under the fisheries legislation. Finally, the enquiry shifts to the priority ranking of successful claims for wages.