Code Of Conduct

Question 1

Code of Conduct for the Merchant Navy

Answer 1

It sets out disciplinary rules and procedures which apply when employed on board ship.

Question 2

Define gross misconduct

Answer 2

Breaches of disciplinary rules or offences that can prejudice the safety of the ship, that may, lead to dismissal from the ship 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.

Question 3

Disciplinary hearing

Answer 3

19. At the hearing the seafarer may:
    a. be accompanied at the hearing by a work colleague, or trade union official if available
    b. call relevant witnesses
    c. question witnesses on their evidence
    d. make any statement or comments on
    • the evidence, in response to the alleged breach
    • the appropriate penalty if the breach of discipline is substantiated.
20. At any hearing the seafarer will be invited to say whether or not s/he admits the alleged breach of discipline.

a. If s/he admits it, the hearing will move immediately to consideration of penalty.
b. If s/he does not admit it, the hearing will consider relevant evidence including any presented by the seafarer.
21. In exceptional circumstances, it may be appropriate to conduct the hearing
ashore.
22. If in the course of the hearing it appears to the person conducting it that:

a. the matter warrants more serious action than originally envisaged, the hearing will be adjourned and the matter referred to more senior level for action. A new notice of disciplinary hearing will then be issued to the seafarer detailing the matters in paragraphs 18 (a) to (d);
b. the matter warrants less serious action than originally envisaged, the hearing may be adjourned and the matter referred to a lower level for action.
23. After the hearing the person conducting it will give his/her determination. S/he will say whether or not s/he finds a breach or breaches of discipline to have occurred and, if so, specify the breach or breaches and the appropriate penalty.
24. The penalties which may be imposed are as follows:
Master
• Dismissal from ship
Final warning
• Written warning
• Formal warning
• Informal warning
Senior Officer
• Final warning
• Written warning
• Formal warning
• Informal warning
Officer
• Formal warning
• Informal warning
Petty Officer
• Informal warning
25. The seafarer will be given written notification of the outcome of the hearing and the reasons for the decision as soon as practicable following the hearing.
The seafarer should be told how long any warning will remain current.

Question 4

A breach of conduct

Answer 4

A violation of the Merchant Navy’s Code of Conduct, including disobedience, unsafe behavior, or actions that compromise the safety and discipline of the ship and crew. Consequences may include disciplinary actions.