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Words: | Submitted: Mon Jun 19 2006
... it has been emphatically stated by the majority of judges that there is no right to work and therefore no duty of the employer to provide work. The clearest exposition of the law was by Asquith J in Collier v. Sunday Referee Publishing Co. Ltd [1940] 2 KB 647 when he said: "Provided I pay my cook her wages regularly, she cannot complain if I choose to take all or some of my meals out". From the problem question it seems as though Xfiles plc have provided work for its employee's even though it was not obliged to do so. Although there is no general duty on the employer to provide work, his duty to pay wages is fundamental to the bargain and if persistently broken will entitle the employee to sue for a repudiatory breach of contract. However Xfiles plc have fulfilled their side of the bargain by providing ...
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