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The Right to Strike$
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K. D. Ewing

Print publication date: 1991

Print ISBN-13: 9780198254393

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780198254393.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 11 May 2021

Industrial Action and the Payment of Wages

Industrial Action and the Payment of Wages

(p.23) [3] Industrial Action and the Payment of Wages
The Right to Strike

K. D. Ewing

Oxford University Press

This chapter pays attention to the controversial question of the payment of wages during industrial action. One of the reasons workers have for taking such action rather than going on an all-out strike is the belief that the right to wages and salaries will be preserved. The discussion examines whether this belief is justified. It notes that employers are free to withhold wages or unilaterally to make deductions from wages when faced with less than full performance by employees taking industrial action short of a strike, regardless of the circumstances giving rise to the dispute and an individual employee's conduct. The courts have thus given the employers enormous power, particularly with the vulnerability of employees who take legal action to enforce rights under their contracts of employment.

Keywords:   common law response, Truck Acts, partial performance, Wiluszynki, partial payment

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