Author Topic: The navy is broke,' says former sailor over maintenance budget  (Read 30053 times)

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Offline stoker dave

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Re: The navy is broke,' says former sailor over maintenance budget
« Reply #50 on: August 11, 2020, 12:43:49 »
I am kinda surprised by this. 

I would like to think that before launching a lawsuit, this guy did everything 'by the book' including going up his chain of command, working in all the official channels, etc. 

Having a serving officer sue DND is (I think) pretty rare (I am sure others here can chime in) and sets a dangerous precedent for an organization whose job is 'to get in harm's way' as the cliche goes. 

Offline gryphonv

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Re: The navy is broke,' says former sailor over maintenance budget
« Reply #51 on: August 11, 2020, 12:50:40 »
Personally I'm following this one closely.

Ironically I'm now sitting at the hospital for a lung xray because I have a lot of issues with breathing.

Yes I worked in the navy and on more than one occasion I know I was exposed to mold directly.

For years while I served I had a smoker's cough. My morning ritual was waking up and hacking up vile stuff that accumulated over night. Along with a nagging cough that wouldn't go away. Basically I had 'shack hack' for the majority of my sailing life. And I was never a smoker. Which I know if I was it would of been listed as the culprit.

My doctor kept telling my I'm only reagravating my lungs with the cough and it's nothing to be concerned about.

I'm now almost 4 years post release and still have the nagging cough, poor capacity and asthma like symptoms without being asthmatic...(just had a test to confirm I'm not).

I haven't submitted anything with vac regarding this as I'm still trying to get a diagnosis from doctors. I admit I haven't been on top of it as much as I could of been though.

I suspect there are a lot more people who served on these ships with similar issues.






Offline stoker dave

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Re: The navy is broke,' says former sailor over maintenance budget
« Reply #52 on: August 11, 2020, 13:37:49 »
Thank you, Gryphonv, for your input.

I am no expert but I am confident that onboard ship you (and everyone else onboard) are entitled to a safe and healthy workplace (even if that workplace has the risk of being shot at, bombed or otherwise targeted). 

I am sure others will chime on as to whether a lawsuit is the right or only way to get some action or resolution on this issue. 

Offline ModlrMike

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Re: The navy is broke,' says former sailor over maintenance budget
« Reply #53 on: August 11, 2020, 13:54:30 »
I may be wrong, but I thought that you couldn't bring a claim against the Crown whilst still serving. Perhaps FJAG can clarify in he's reading this one.
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Offline dapaterson

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Re: The navy is broke,' says former sailor over maintenance budget
« Reply #54 on: August 11, 2020, 14:23:51 »
Actions such as Merlo/Davidson (15% of all claims paid out) and Ross/Roy/Satalic ($15M + tax) have shown ambulance chasers lawyers that there can be very good money in suing the government.  The risk/reward of pursing an action that may fail but may also deliver millions in revenue would seem to be a powerful motivator.
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Offline Eye In The Sky

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Re: The navy is broke,' says former sailor over maintenance budget
« Reply #55 on: August 11, 2020, 15:50:43 »
I may be wrong, but I thought that you couldn't bring a claim against the Crown whilst still serving. Perhaps FJAG can clarify in he's reading this one.

I could be wrong, but was the Col still serving when this happened?

https://www.cbc.ca/news/politics/canada-s-former-top-soldier-in-haiti-sues-for-6-2m-1.1279024

Offline Colin P

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Re: The navy is broke,' says former sailor over maintenance budget
« Reply #56 on: August 11, 2020, 17:28:43 »
I hope these long term health and maintenance issues are addressed in the CSC design.

Offline FJAG

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Re: The navy is broke,' says former sailor over maintenance budget
« Reply #57 on: August 11, 2020, 20:07:57 »
I may be wrong, but I thought that you couldn't bring a claim against the Crown whilst still serving. Perhaps FJAG can clarify in he's reading this one.

Not generally my area of expertise and I'm not even sure if he was in or out at the time.

Generally there are specific issues which are governed by administrative processes within DND and in those cases the individual is bound to follow the process rather than going to court (injury on duty, loss of personal property due to service issues etc) Generally courts do not take any action until an administrative process is complete and then only to provide limited judicial review.

The four individuals and DND that he's suing is principally framed in defamation and I see no reason why he could not sue.

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