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Merchant Shipping Act, 1951 (Act No. 57 of 1951)

Chapter IV : Engagement, Discharge, Repatriation, Payment, Discipline and General Treatment of Seafarers and Cadets

142. Compensation to a seafarer improperly discharged

 

If a seafarer of a South African ship is discharged otherwise than in accordance with the terms of his engagement—

(a) before the commencement of the voyage; or
(b) before one month's wages are earned,

without fault on his part justifying that discharge and without his consent, he shall be entitled to receive from the owner or master, in addition to any wages which he may have earned, compensation not exceeding one month's wages for any damage caused to him by the discharge, and may recover that compensation as if it were wages duly earned.

 

[Section (1) substituted by section 29(i) of Act No. 12 of 2015]