Acts of gross misconduct, examples of which are listed below, may, if
appropriate in the circumstances and established to the satisfaction
of the Master, lead to dismissal from the ship either immediately or
at the end of the voyage and to dismissal from employment. This is
separate from any other legal or disciplinary action which may be
called for.
i)
assault
(including threatening behavior)
ii)
theft
(including attempted theft) or possession of stolen property
iii)
possession of offensive
weapons
iv)
unlawful possession or distribution of drugs
v)
breach of company
rules and procedures
relating to alcohol, drugs or smoking.
vi)
causing
or permitting unauthorized
cargo, possessions or persons to be on board the ship or in parts of
the ship where prohibited
vii)
smuggling
of any nature or breach of Customs’ regulations, including but
not limited to contraband, stowaways or refugees
viii)
demanding
and/or receiving any commission
or any other favor or benefit from any passenger, customer or
supplier (excluding only unsolicited tips given by passengers for
service provided, to the extent permissible under company rules)
ix)
deliberate misuse of a harbor
pass or personal identity card.
x)
persistent or willful failure to perform
duty
xi)
disobedience
of a lawful order
xii)
to be asleep
on duty or fail
to remain on duty,
if such conduct would prejudice the safety of the ship, persons or
cargo on board, or the marine environment
xiii)
failure
to report to work
without satisfactory reason or absence from place of duty or from the
ship without leave
xiv)
willful
damage
to the ship or any property on board
xv)
conduct
endangering
the ship, persons or cargo on board, or the marine environment
xvi)
combination with others at sea to impede
the progress of the voyage or navigation of the ship
xvii)
interference
with the work of others
xvii)
behavior which seriously detracts from
the safe and/or efficient working of the ship
xix)
conduct
of a sexual nature,
or other conduct based on sex affecting the dignity of women and men
which is unwanted, unreasonable or offensive to the recipient
xx)
behavior which seriously detracts from the
social well-being of any other person on board,
including but not limited to bullying, harassment, intimidation and
coercion
xxi)
commission of a breach of a lesser degree listed in Paragraph 9 after
warnings have been given in accordance with the procedures in
Paragraph 8
Paragraph 8 : Less
serious misconduct
Breaches of a lesser degree of seriousness may be dealt with by:
a)
an informal warning administered at an appropriate level
b)
a formal warning by an Officer
c)
a written warning by a senior Officer
d)
a final written warning by a senior Officer or the Master.
When
a warning other than an informal warning is given, the seafarer
should be advised of the likely consequences of further breaches of
discipline.
Paragraph 9 : Examples of breaches of the disciplinary rules where use of the
Paragraph 8 procedure is considered appropriate are listed below.
a)
offenses of the kind described at Paragraph
7, which are not considered to justify dismissal
in the particular circumstances of the case
b)
minor
acts of negligence, neglect of duty, disobedience and assault
c)
unsatisfactory work
performance
d)
poor
time keeping
e)
stopping
work
before the authorized time
f)
offensive
or disorderly behavior.
0 comments:
Post a Comment