Tranona
Well-Known Member
Can Sunsail "instruct" a Skipper?
Suggest maybe, but he is in charge & responsible.
You are right - the ultimate responsibility is with the skipper to decide whether to sail or not. However, much of the background material suggest that Sunsail employed the skipper and required him to sail the less safe route at a time when bad weather was more likely.
There is always a tension between skipper and employer and the pressures are huge. Note that according to some reports Sunsail used to support a community of 100 skippers in SA, but now this is down to 10 as they are shipping more and more boats rather than sailing them. So "instruct" can be as simple as "do as we say or we won't employ you".
If you want further information on the complexities of the delivery of charter boats suggest you look at the Reliance Marine cases. Sufficiently complex in both practicalities and law to make it into parliament with no sign as far as I know of a satisfactory resolution.