Other
Jurisdiction over the settling of disputes arising from the claims for loss caused by physical injury of a dock worker : [case review]
Vesna Skorupan
orcid.org/0000-0002-1591-7247
; Jadranski zavod HAZU, Zagreb, Hrvatska
Abstract
The municipal court has jurisdiction over dispute between a dock worker and his employer for loss caused by physical injury sustained by the dock worker while unloading cargo from ship. The plaintiff is not a crew member and the defendant is not the ship operator. Moreover, this dispute is not subject to the maritime law. So the very circumstance that the place of loss is the ship does not give the dispute the character of a maritime dispute, which would come under the jurisdiction of the commercial court. It is a civil law dispute subject to the jurisdiction of the municipal court. And the concerned dispute is about compensation of damage to occupational accident claimed by the dock worker, the plaintiff, from the employer, the defendant, therefore the dispute in question is a labour dispute.
Keywords
case review; court jurisdiction; dock workers; claims for loss; physical injury of an employer;
Hrčak ID:
9949
URI
Publication date:
22.9.2005.
Visits: 2.266 *