Abstract
In what circumstances should workers be entitled to enforce their legal rights in a court of law where the legal claim is somehow tainted by criminal activity? In Okedina v Chikale the Court of Appeal considered the effects of the illegality doctrine on a migrant worker’s contract claims in circumstances where she did not have a ‘right to work’.1 These claims included unfair and wrongful dismissal; unlawful deductions from wages by reference to her contract and the National Minimum Wage Regulations 1999; unpaid holiday pay; other breaches of the Working Time Regulations 1998; and a failure to provide written particulars and itemised payslips. Many of these rights are based in protective legislation.
| Original language | English |
|---|---|
| Pages (from-to) | 258-283 |
| Number of pages | 26 |
| Journal | Industrial Law Journal |
| Volume | 49 |
| Issue number | 2 |
| Early online date | 18 Apr 2020 |
| DOIs | |
| Publication status | Published - 1 Jun 2020 |
Access to Document
- Full-text PDF (author accepted manuscript)
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