Maritime education and training – responding to the changing role of the seafarer

Maritime education and training – responding to the changing role of the seafarer

by | Jan 17, 2024 | SAJMET, SAJMET V2

Maritime education and training – responding to the changing role of the seafarer

Author: Tebogo A Mojafi

ISSN: 2790-783X
Affiliations: South African Maritime Safety Authority
Source: South African Journal of Maritime Education and Training, Volume 2 Issue 1, p. 97-120
https://doi.org/10.47348/SAJMET/2023/i1a7

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Mojafi, T A
Maritime education and training – responding to the changing role of the seafarer
South African Journal of Maritime Education and Training, Volume 2 Issue 1, p. 97-120 https://doi.org/10.47348/SAJMET/2023/i1a7

Abstract

Maritime transport carries more than two-thirds of the world’s total cargo and plays an important role in the sustainable development of the global economy. As a derivate of trade, the shipping industry allows citizens of the world to trade and people to gain meaningful employment. According to the 2021 BIMCO ICS Seafarer Workforce Report, there are about 74 000 vessels in the world merchant fleet, employing a total of 1.9 million seafarers (UNCTAD, 2021; Tang and Zhang, 2021). Abidin and Ismail sum the relationship between seafarer and ships by indicating that seafarers play a critical role in facilitating trade, whereas shipping is a critical element in the promotion of international cooperation. Like other industries, shipping is also impacted by changing developments around the world. The dawn of the fourth industrial revolution (4IR) brings about challenges concerning how the industry ensures that tomorrow’s seafarers have the necessary skills to ensure efficiency of the maritime industry. With the changing technologies, Emad, Enshaei and Ghosh caution against simply focusing on the development of technology and forgetting about getting the seafarers ready for the future maritime landscape. Over time, the role of the seafarer has changed, requiring the shipping industry to devise strategies aimed at developing seafarer skills and competencies. Acomi and Acomi found that maritime and offshore oil and gas graduates lacked some of the expected competencies including soft skills and industry experience. Whereas, the BIMCO Workforce Report6 estimates seafarer shortages, there are still many seafarers who are still battling to find employment. How should the country manage its seafarer development programme to ensure South African seafarer relevance into the future? This paper explores how the maritime industry should respond to the changing role of the seafarer. It establishes the challenges faced by South African seafarers regarding placement and explores the role of education and training in addressing the competitiveness of the seafarers.

Maritime education and training – responding to the changing role of the seafarer

Challenges in International Convention on the Standards of Training, Certification and Watchkeeping Compliance: A case study of the South African Maritime Education and Training System

by | Jan 17, 2024 | SAJMET, SAJMET V2

Challenges in International Convention on the Standards of Training, Certification and Watchkeeping Compliance: A case study of the South African Maritime Education and Training System

Author: Yamkela Nhleko

ISSN: 2790-783X
Affiliations: ESD Coordinator, EThekwini Maritime Cluster
Source: South African Journal of Maritime Education and Training, Volume 2 Issue 1, p. 121-131
https://doi.org/10.47348/SAJMET/2023/i1a8

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Nhleko, Y
Challenges in International Convention on the Standards of Training, Certification and Watchkeeping Compliance: A case study of the South African Maritime Education and Training System
South African Journal of Maritime Education and Training, Volume 2 Issue 1, p. 121-131 https://doi.org/10.47348/SAJMET/2023/i1a8

Abstract

 Maritime education and training (MET) has been instrumental in the development of seafarers in South Africa and internationally. As a result, different MET systems are used to not only produce eligible maritime professionals but to ensure that they comply with the requirements of the International Convention on the Standards of Training, Certification and Watchkeeping (STCW) 1978, as amended in Manila. Some of the challenges in MET prove not to be exclusive but common to some maritime countries. As such, this study aims to explore South Africa’s unique approach to MET rather than the conventional approach of having higher education institutions dedicated specifically to maritime education and maritime training. This has created the need to analyse how the current MET system delivers training in compliance with the minimum standards of the convention. This paper therefore analyses how the STCW Convention and Code is embedded in the MET system in South Africa, and identifies the existing challenges in meeting the requirements of the convention, as well as identifying opportunities for improvement. The identification of challenges and opportunities is investigated by means of desktop research, reviewing existing literature, a document analyses on the academic and technical (vocational) framework, and a review of existing practice and benchmarking this against international practice standards (STCW). This paper proposes a framework that could contribute to the improvement of the current MET system in line with the requirements of the STCW 1978 as amended.

Notes: Strikingly Misconceived: National Union of Metalworkers of SA on behalf of Nganezi & others v Dunlop Mixing & Technical Services (Pty) Ltd & others (Casual Workers Advice Office as Amicus Curiae) (2019) 40 ILJ 1957 (CC)

by | Jan 17, 2024 | ILJ, ILJ V45 I1

Notes: Strikingly Misconceived: National Union of Metalworkers of SA on behalf of Nganezi & others v Dunlop Mixing & Technical Services (Pty) Ltd & others (Casual Workers Advice Office as Amicus Curiae) (2019) 40 ILJ 1957 (CC)

Author Martin Brassey SC

ISSN: 2413-9874
Affiliations: BA (UCT), LLB and HDipTax (Wits), Visiting Professor of Law (Wits), Senior Counsel
Source: Industrial Law Journal, Volume 45 Issue 1, 2024, p. 1 – 24
https://doi.org/10.47348/ILJ/v45/i1a1

Abstract

In this case note I endorse the conclusion reached in Dunlop but quarrel with the reasoning by which it was reached. In particular, I think the treatment of the duty of fidelity, reciprocally owed by each party to the other under the employment contract, was thoroughly misconceived.

Notes: Revisiting Uber Drivers as Employees — Comparing South African and UK Law

by | Jan 17, 2024 | ILJ, ILJ V45 I1

Notes: Revisiting Uber Drivers as Employees — Comparing South African and UK Law

Author André Mukheibir

ISSN: 2413-9874
Affiliations: Professor of Law, Nelson Mandela University; BMus, BJuris, LLB (UPE), BA Hons HDE (Unisa), DIuris (Amsterdam)
Source: Industrial Law Journal, Volume 45 Issue 1, 2024, p. 24 – 41
https://doi.org/10.47348/ILJ/v45/i1a2

Abstract

The UK Supreme Court in the case Uber BV v Aslam [2021] UKSC 5 recently held that Uber drivers in London were workers for the purposes of inter alia minimum wage regulations. In South Africa, the Labour Court in Uber SA Technology Services (Pty) Ltd v National Union of Public Service & Allied Workers (2018) 39 ILJ 903 (LC) (Uber SA) held that the Commission for Conciliation, Mediation and Arbitration (CCMA) had erred in finding that South African Uber drivers were employees of Uber SA. This note compares the two cases, as well as considering the distinction between ‘employees’, ‘workers’ and ‘independent contractors’.

Notes: Incompatibility in the Workplace as a Ground for Dismissal in South Africa: A Review of Cases

by | Jan 17, 2024 | ILJ, ILJ V45 I1

Notes: Incompatibility in the Workplace as a Ground for Dismissal in South Africa: A Review of Cases

Authors PT Mtunuse & T Ncetezo

ISSN: 2413-9874
Affiliations: Senior Lecturer, School of Law, Walter Sisulu University; Lecturer, Department of Management, Walter Sisulu University
Source: Industrial Law Journal, Volume 44 Issue 4, 2023, p. 41 – 52
https://doi.org/10.47348/ILJ/v45/i1a3

Abstract

Incompatibility occurs in a workplace when an employee does not work amicably with colleagues, fellow employees, and clients. However, in certain circumstances, incompatibility may occur due to the employer’s actions against employees. Incompatibility is not listed as a ground of fair dismissal in the Labour Relations Act (LRA) 66 of 1995, but arises from case law. Incompatibility is classified variously under incapacity, operational requirements, or misconduct. This note aims to investigate circumstances in which an employee may be dismissed for incompatibility at the workplace. A review of cases will be undertaken to expose disparities in courts’ decisions. The authors will recommend that there should be an amendment to s 188(1)(a)(i) of the LRA to include incompatibility as one of the grounds for a fair dismissal for the purpose of ending inconsistencies in our labour law jurisprudence.