Claimant v Austen Maritime PTE Limited

Outcome

Facts

Mr Stasiak, a Polish national residing in Poland, was employed as an electronic technician by Austen Maritime Services Pte Ltd, a Singapore-incorporated company, from June 2022 to July 2024. He worked on UK-registered drilling vessels owned by Stena Drilling Ltd (a UK company) in international waters including Guyana, Israel, Gabon, Canada, and primarily the USA (160 days). His contract stated Singapore law governed the employment. His employment was administered by Stena Drilling HR Ltd (SDHR), a UK company, under a services agreement with his employer. He was dismissed following a disciplinary process in July 2024 and claimed unfair dismissal in the UK Employment Tribunal.

Decision

The Tribunal dismissed the claim for lack of jurisdiction. It held that Austen Maritime Services Pte Ltd was the true employer, not the UK-based Stena companies. The Tribunal found it had no international jurisdiction under the CJJA 1982 because: the employer was not domiciled in the UK; the UK offices did not constitute a branch/agency/establishment of the Singapore employer; the claimant did not habitually work in the UK; and the business which engaged him was situated in Singapore. The Tribunal also found no territorial jurisdiction under the Lawson/Ravat test as the claimant, who lived and worked entirely outside the UK, lacked sufficiently strong connections with Great Britain.

Practical note

Legal authorities cited