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Ms Z vs Carnival plc

Case overview

Date filed 16 January 2012
Current status Rejected
Issue Health issues & discrimination on cruise ships in India
Summary of the case Ms. Z filed a complaint against Carnival plc, owner of several cruise ships in India referencing the 2000 version of the OECD Guidelines. Ms. Z has worked on Carnival plcs cruise ships in the period November 1999- August 2008 and claims that she contracted diabetes and other health related conditions as a result of negligent medical treatment by the company.

She furthermore alleges that Carnival plc failed to provide an effective operation-level grievance mechanism for those potentially impacted by the companys operations, where there is no effective judicial or non-judicial mechanism available. She furthermore claims to be discriminated against on the basis of her national extraction.
Developments/Outcome Carnival plc denied all allegations and argues that it does not consider the OECD Guidelines complaint mechanism the appropriate medium for bringing a personal injury claim. The company argues that there is no evidence for a causal link between Ms. Zs health related issues and the medical treatment she received.

Ms. Z refuted Carnivals argumentation, but accepts that the complaint under the OECD Guidelines is not the proper forum for a personal injury claim. Additionally, she argues that any legal action against Carnival is difficult for a resident in India.

On 30 August 2012 the NCP decided to reject the complaint on the grounds that the allegations made in the complaint have not been supported by sufficient evidence and therefore have not been substantiated.

On 2 September 2012 the complainant has made an application to the Review Committee of the NCP for review whether procedural errors were made by the NCP. The application centered around the issue whether the NCP in making an Initial Assessment ought to have taken account of information from an authoritative source not submitted by a party, but available to the government. In its assessment the Review Committee does not consider the NCP bound to take account of information not submitted by a party and is furthermore of the opinion that the additional information not considered by the NCP would not have had any bearing on the decision made
Relevant OECD Guidelines
Case keywords Health and safety, Labour rights

NCP Information

NCP name National Contact Point United Kingdom
NCP address 1-19 Victoria Street SW1H 0ET London, United Kingdom
NCP website www.berr.gov.uk
Other NCPs involved

Complainant

Company Information

Company responsible Carnival
Company address
Company website
Company in violation Carnival PLC
Country of operations India
Other companies involved

Timeline of developments

Date Actor Action Description Document
2 September 2012 Ms Z request for clarification On 2 September 2012 the complainant has made an application to the Review Committee of the NCP for review whether procedural errors were made by the NCP. The application centered around the issue whether the NCP in making an Initial Assessment ought to have taken account of information from an authoritative source not submitted by a party, but available to the government. In its assessment the Review Committee does not consider the NCP bound to take account of information not submitted by a party and is furthermore of the opinion that the additional information not considered by the NCP would not have had any bearing on the decision made download pdf (126Kb)  
30 August 2012 National Contact Point United Kingdom reject On 30 August 2012 the NCP decided to reject the complaint on the grounds that the allegations made in the complaint have not been supported by sufficient evidence and therefore have not been substantiated. download pdf (70Kb)  
28 May 2012 Ms Z letter Ms Z sends letter with reaction on Carnival plc's claims to UK NCP. download pdf (29Kb)  
16 January 2012 Ms Z file Ms Z has sent complaint to UK NCP. download pdf (184Kb)  

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