(1) | A master or owner of a South African ship shall draw up and keep on board a complaints procedure, not in conflict with the provisions of this Act, and shall make such complaints procedure available to all seafarers. |
(2) | If a seafarer of a South African ship considers that his or her rights in terms of the Maritime Labour Convention have been breached, he or she may lodge a complaint with the master. |
(3) | Upon receiving a complaint from a seafarer made in terms of subsection (2), the master shall— |
(a) | record the complaint in the official log-book; |
(b) | investigate the complaint or cause it to be investigated; |
(c) | attempt to resolve the complaint within 24 hours; and |
(d) | record his or her findings and any action taken in the official log-book. (4) If the situation remains unresolved or if the breach of the seafarer’s rights is still considered to exist, he or she may lodge a complaint with the Authority, who will adjudicate the complaint. |
[Section 158A inserted by section 18 of Act No. 12 of 2015]