(1)

If a seaman having signed an agreement is discharged, otherwise than in accordance with the terms thereof, without fault on his part justifying the discharge and without his consent, he shall be entitled to receive from the master, owner or agent, in addition to any wages he may have earned, as due compensation for the damage caused to him by the discharge, such sum as the shipping master may fix having regard to the circumstances relating to the discharge:

Provided that the compensation so payable shall not exceed-

(a) in the case of a seaman who has been discharged before the commencement of a voyage, one month's wages; and

(b) in the case of a seaman who has been discharged after the commencement of a voyage, three months' wages.

(2)

Any compensation payable under this section may be recovered as wages.