The Ship "Fort Morgan" v. Jacobsen

The Ship "Fort Morgan" v. Jacobsen

The contract was governed by Norwegian law (agreed by parties and supported by flag principle) and, on the facts, the master was either engaged for the particular voyage or for an indefinite term requiring reasonable notice; replacing him without notice constituted wrongful dismissal and the trial court's award...

Source-derived case information.

Citation
(1919) 59 SCR 404
Parties
Appellant / Defendant: The Ship "Fort Morgan"; Respondent / Plaintiff: Hans Jacobsen
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
22 December 1919
Procedural Posture
Admiralty (maritime) Appeal Concerning Wrongful Dismissal of Ship Master / Appeal From the Exchequer Court of Canada, Nova Scotia Admiralty District; Judgment on Appeal
Outcome
Appeal dismissed with costs; judgment of the Local Judge (Exchequer Court) affirmed
Legal Topics
Wrongful Dismissal, Mariners' Wages, Choice of Law, Measure of Damages, Notice Requirement for Termination
Source Language
english
Labour Law Admiralty Law Contract Law Conflict of Laws Wrongful Dismissal Mariners' Wages Choice of Law Measure of Damages +1 more

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Parties

The Ship "Fort Morgan"

Appellant / Defendant

Hans Jacobsen

Respondent / Plaintiff

Procedural Posture

Admiralty (maritime) Appeal Concerning Wrongful Dismissal of Ship Master / Appeal From the Exchequer Court of Canada, Nova Scotia Admiralty District; Judgment on Appeal

Legal Issues

  1. 1 Was the master wrongfully dismissed?
  2. 2 What law governs the employment contract (Norwegian/English/New York)?
  3. 3 Was the hiring for a definite voyage or an indefinite term requiring notice?

Ratio Decidendi

The contract was governed by Norwegian law (agreed by parties and supported by flag principle) and, on the facts, the master was either engaged for the particular voyage or for an indefinite term requiring reasonable notice; replacing him without notice constituted wrongful dismissal and the trial court's award (three months' wages, arrears and travel expenses) conforms to the applicable Norwegian statutory measure of damages and must be upheld.

Court Disposition

Appeal dismissed with costs; judgment of the Local Judge (Exchequer Court) affirmed

Orders

  • Appeal dismissed with costs
  • Judgment for respondent affirmed in total for $1,888.85 (including three months' wages, arrears and travel expenses)