Seafarers face wage battle after two year ordeal

The ordeal began in May 2009 when the Azraq 7 set sail from Ajman to deliver diesel to Mogadishu. The ship had engine trouble offshore Oman, had to be rescued, and was taken back to Fujairah, UAE.

The Somalian company expecting the diesel filed a case against the ship's owners for failing to deliver. The legal wrangle meant the ship could not leave the Emirates.

Five seafarers had to stay on board for almost two years to man the ship, in accordance with maritime law, and could not disembark as they did not have valid UAE visas.

The company's owners could not be traced. In April 2011 a Khorfakkan court ordered a judicial auction of the ship, with the seafarers estimating it was sold for AED2m.

In August 2012, the men were allowed to leave and return to their families. But before leaving they filed cases with Dubai Labour Court against their employers to recover wages, which ranged from $300 to $3,000 a month.

In December 2011, the court ordered the payment of three men's salaries.

"The court delivered the judgment in three of the sailors' favour," said Alessandro Tricoli, partner at Fichte & Co, the Dubai-based law firm providing assistance to the crew.

"The case of two other crew members was rejected by the court on technicalities. One has appealed the judgment and we are waiting for the second sailor to come back to Dubai to file an appeal."

Although three verdicts were in favour of the seafarers, the courts allowed a longer period for the judgments to become final and enforceable as they were given in absentia. That period ended in February.

Fichte & Co is now planning to approach the Khorfakkan court, which it hopes is still holding money recovered from the ship's sale, to enforce the judgement.

"We will be taking the Dubai court's judgement to the Khorfakkan court to recover the salaries. The process could take another couple of months," said Tricoli.

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