The right to strike is one of the most cherished possessions of trade unions and they regard it as their powerful weapon and safeguard against low wages or poor working conditions which employers may seek to impose on them. A ready example of a strike action can be seen in the recent playout between the Academic Staff Union of Universities (ASUU) and the Federal Government of Nigeria. On Friday, October 14, 2022, ASUU announced the suspension of its eight-month strike. The strike, which commenced on Monday, February 14, 2022, led to a suspension of academic activities in both Federal and State Universities across the nation. The Federal Government had maintained its position that it will not make any payment of salaries to union members for the period marked by the strike action.

It is the position of the law and practice, as well as the duty and responsibility of an employer to provide work for his employees/workers. The work should be done by the employees in exchange for renumeration as per the terms and conditions of employment. 

What then happens, when employees by virtue of a strike action are unable to perform their duties

This article analyses the legal consequences of strike actions on the entitlements to pay from employers to employees and the remedies available to all parties involved where in dispute

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