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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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Industrial Action and the Payment of Wages

Industrial Action and the Payment of Wages

Chapter:
(p.23) [3] Industrial Action and the Payment of Wages
Source:
The Right to Strike
Author(s):

K. D. Ewing

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198254393.003.0003

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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