Celebrity Seeks to Send ‘Trapped’ Cruise Workers’ Class Action Lawsuit to Arbitration

Celebrity Cruises is seeking to send into arbitration a class action lawsuit filed by two Filipino crew members who claim they were forced to remain on board a ship without pay after the cruise industry closed because of COVID-19.

Celebrity Cruises says in the motion to compel arbitration that the Sign-On Employment Agreement and the Philippine Overseas Employment Administration Contract of Employment signed by the plaintiffs require all disputes to be resolved by arbitration in the Philippines under Philippine law.

In addition, Celebrity claims the only way to avoid arbitration is for a court to decide the underlying arbitration agreement is not enforceable.

“By failing to submit their claims to arbitration as required by their employment agreements, Plaintiffs are violating the terms of the contracts they signed and the directives of their own country,” Celebrity Cruises argues in their motion.

The Celebrity Cruises class action lawsuit was filed in May 2020 by Ryan Maunis Maglana, who asserts that the defendant made a callous and inhumane business decision to keep crew members from specific countries trapped on-board its ships without passengers with no wages and no hope of going home to family members who were in need.

Maglana stated that the ship Millennium, where he was held captive, had been without passengers since Feb. 10, 2020. He says the vessel arrived in the Philippines on Feb. 19, 2020, and at that time, the Filipino crew members were excited at the prospect of returning to their home country and hopeful that they would be allowed to return home if Celebrity Cruises was going to cancel cruises.

However, after landing in the Philippines, the only crew members that were allowed to disembark for repatriation were those that both had concluded their contracts and had a suitable replacement onboard, according to the plaintiffs.

Maglana says the remaining Filipino crew members were prevented from disembarking the ship despite the obvious writing on the wall that the cruise lines would not be sailing with passengers for the foreseeable future.

“Despite the pleas of crewmembers on board to be allowed to disembark in their home port of Manila, Celebrity elected to refuel the Millennium and continue eastward to the western U.S. seaboard after a stop in Honolulu,” the Celebrity Cruises class action lawsuit goes on to state.

Thus, after 64 days since the Centers for Disease Control and Prevention issued its first no-sail order, the Millennium held nearly 1,000 Filipino crew members on board; at least 1,700 Filipino seafarers being held captive throughout the Celebrity’s fleet, Maglana claims.

The plaintiff maintained in his Celebrity Cruises class action lawsuit that, in addition to holding its crew members hostage, the cruise line has engaged in a campaign of disinformation and deception in an effort to avoid mutiny on board.

Maglana says he was held without wages since his contract was terminated by Celebrity Cruises on March 30, 2020. He claims that when he was terminated, he believed he would be repatriated on April 1, 2020, in accordance with his collective bargaining agreement.

The plaintiff alleges that Celebrity Cruises also concocted a narrative that the repatriations were being prevented by the CDC, which Maglana says is not true.

He says the fabricated narrative was proven untrue when the CDC revealed that ships in the U.S. or within its territorial waters had been given the green light to repatriate the crew members as long as the defendant agreed to abide by precautionary compliance measures.

In addition, after May 3, 2020, thousands of crew members remained captive aboard the ships that they previously served on and with no wages. 

“Without a doubt, we are witnessing a human rights tragedy of immense proportions unfold before our very eyes,” Maglana says in the Celebrity Cruises class action lawsuit. He states that Celebrity Cruises cannot hide behind the lawless open oceans where many of their misdeeds are swept away with the current.

Maglana states that since there is no contractual provision in any written agreement between Celebrity Cruises and him to submit employment-related class action disputes, his class action lawsuit in this court is proper.

Prospective Class Members include: “All other similarly situated Filipino crew members who worked aboard Defendant’s cruise vessels who remain captive aboard vessels in Defendant’s fleet, and are being subjected to the dangerous conditions outlined above in connection with Defendant’s callous and unreasonable failure to repatriate its crewmembers upon its unilateral decision to terminate their contracts and entitlement to wages.”

What do you think about the Filipino crew members being stranded on the cruise lines? Leave a message in the comments section below.

The plaintiff is represented by Raul G. Delgado II of Delgado Trial Attorneys.

The Celebrity Cruise Line Crew Members Class Action Lawsuit is Maglana v. Celebrity Cruises Inc., Case No. 1:20-cv-22133, in the U.S. District Court for the Southern District of Florida.

Join a Free Coronavirus Class Action Lawsuit Investigation

If you believe your rights were violated in a way that is directly related to the coronavirus pandemic, you may qualify to join this coronavirus class action lawsuit investigation. 

Join Here

Read More Lawsuit & Settlement News:

Carnival Class Action Alleges COVID-19 Exposure

Costa Cruise Line Seeks COVID-19 Class Action Dismissal

Roundup Weed & Grass Killer Class Action Settlement

California Catholic Church | Clergy Abuse Lawyer Help