The Oil Companies International Marine Forum (OCIMF) has been ordered to reinstate the professional accreditation of Captain Arshad Rashid, one of its senior surveyors, after a UK High Court battle.
Justice Martin Spencer, who also awarded damages for loss of earnings, ruled that the OCIMF had acted unlawfully when it removed his accreditation following an internal disciplinary hearing dating back to July 2017.
Captain Rashid, a former tanker master, had been an accredited Ship Inspection Report (SIRE) surveyor with the OCIMF for 12 years, carrying out more than 1,000 inspections.
An internal investigation was carried out by OCIMF compliance officer Patrick McGroggan when it was alleged Captain Rashid had forced crew to falsify log entries and that he had told them how to submit falsified reports, among other claims.
The disciplinary hearing led to the removal of his accreditation.
Captain Rashid, represented by Signature Litigation, was vindicated of the allegations by the High Court and the OCIMF’s disciplinary procedure came under criticism.
Justice Spencer said: “I have reached the firm conclusion that the process which led to the removal of Captain Rashid’s accreditation was deeply flawed, wholly unfair on him and a serious breach of the principles of fairness and natural justice.
"I have no hesitation in declaring that the defendant acted unlawfully and in breach of contract."
In a statement, Captain Rashid said: “OCIMF has treated me in the most appalling way, and I hope that this judgment will cause them to reassess their plainly deficient disciplinary procedure and begin treating its inspectors with respect.
"I look forward to putting this episode behind me and working constructively with OCIMF. I have always been proud to be a SIRE inspector and look forward to getting back to conducting inspections.”
In a statement, the OCIMF said it was disappointed by the judge's decision.
"The judgment criticised how the OCIMF tribunal reached its decision but did not retry the issues which led to the tribunal’s decision to remove the SIRE accreditation from one of its inspectors," the group said.
"OCIMF fully supports the individuals who ensure that accredited inspectors continue to operate to the highest professional standards."
OCIMF is considering an appeal.
