A Norwegian Cruise Lines' worker who injured his back on the job was literally denied his day in court.
Harold Leonel Pineda Lindo claimed that in December 2008, during his employment for NCL on their private island in the Bahamas, he suffered a back injury after being ordered to haul trash bags to the ship. The injury was serious enough to require surgery.
His ship was Bahamian-flagged and the company's principal place of business is in Miami.
His employment fell under collective bargaining rules and an employment contract that stipulated an arbitration provision.
Lindo, a Nicaraguan citizen, filed a Jones Act suit in Florida state court against NCL for negligence, unseaworthiness and maintenance and cure.
NCL had the case removed to federal court and requested that it be moved to arbitration under the provision of his contract. Lindo then amended his complaint to a single count of negligence.
The Convention on the Recognition and Enforcement of Foreign Arbitral Awards stipulates that arbitration provisions mandating foreign arbitrations are valid. However, a Jones Act statutory claim is not recognized.
The Eleventh Circuit Court of Appeals rejected Lindo's argument that public policy rendered the arbitration clause to be unenforceable. Therefore, Lindo's motion to remand the case was denied and NCL's motion to dismiss and force arbitration was upheld.
Read Lindo v.NCL in our article library here.
Source: Hawaii Ocean Law
Category: Marine License Revocation
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