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Wages (Right to Payment during illness (if contract says nothing…
Wages
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Overpayment
Kelly v Solari wages overpaid due to error of fact are recoverable by the payer (unconscientious not to)
Lipkin Gorman v Karpnale recipient changed his position, would be injustice if had to repay
Avon v Howlett teacher absent for 6 months due to illness, after 6 months wage reduction clause, not done, teacher spent money - money spent (unfair to demand repayment), if money is unspent can demand repayment
Absenteeism
Rodliffe v Rodliffe quarrel with his brother, didn't work for family firm spent his time playing video games and visiting GF in Italy, can't recover wages - not willing to work
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tips and service charges
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credit card
Nerva v Paradise Wine Bar implied between employer and customer that amount equal to tip goes to waiter
Shirlaw v Southern Foundries term is implied if both parties would have agreed at the time to put it in contract if mentioned
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Wage Deductions
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Lynch v Clondara agressive bad language at foreman, 4 weeks wages (notice given) - amount not fair and reasonable, no provision in contract allowing for deduction
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Basic Formula
Burns v santander ready and willing to work, unable to do so because of sickness or unavoidable impediment
withdrawal of labour
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Equitable set off
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Sim v Roterham work ban for teachers - small sum deducted from salaries- manifestly unjust if took full wages without account for loss to employer
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Are tips wages
Credit card
Nerva v Paradise Wine Bar tips mixed with other takings, owners resources given to employee - yes
cash
Wrottesely v Regent Street no wages are paid from owners resources to the employee - cash tips are paid from customer to employee
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