[Section 140(1) substituted by section 29(d) of Act No. 12 of 2015]
| (a) |
for any period during which he is absent without leave from his ship or from his duty; or |
| (b) |
for any period during which he unlawfully refuses or neglects to work when required; or |
| (c) |
unless the court hearing the case otherwise directs, for any period during which he is lawfully imprisoned; or |
| (d) |
for any period during which he is by reason of his being under the influence of liquor or a drug, incapable of performing his duty. |
| (2) |
A seafarer shall not be disentitled to claim wages for any period during which he has not performed his duty if he proves that he was incapable of doing so by reason of illness, hurt or injury, unless it be proved that— |
[Section 141(2) substituted by section 29(d) of Act No. 12 of 2015]
| (a) |
his illness, hurt or injury was caused by his own wilful act or default or his own misbehaviour; or |
| (b) |
his illness was contracted or his hurt or injury was sustained at a proper return port and was not attributable to his employment; or |
| (c) |
he has unreasonably refused to undergo medical or surgical treatment for his illness, hurt or injury involving no appreciable risk to his life. |
| (3) |
This section shall be construed as though subsections (5) and (6) of section one hundred and forty were included in this section; and in such construction any reference in the said subsections to the payment of wages in terms of section one hundred and forty shall be deemed to be a reference to the payment of wages in terms of this section. |
[Section 140(3) substituted by section 22 of Act No. 30 of 1959]
Statistics Act, 1999
