M'Lucas (Poor) v. Campbell,

Subject_1 Master and Servant Subject_2 Wages Subject_3 Deductions Subject_4 Truck Act 1831 (1 and 2 Will. IV. c. 37), secs. 3, 4, 5, 6, and 23. Facts: An employer stopped part of a workman's wages in payment of coals supplied by him to the workman. The employer also, as factor for the landlord of the house occupied by the workman, collected the workman's rent by deducting it from his wages. The amount so deducted he handed over to the landlord, less a commission of five per cent. which he retained. The employer had no written authority from the workman to make these deductions.

Held by Lord Stormonth Darling (1) that the workman was entitled under the Truck Act to recover the whole amount of the deductions made in payment of the coals, though these had been supplied to him at market price; but (2) that he was not entitled to recover the amount of the deductions made for rent, in respect that the employer in paying the sums so deducted to his landlord, had acted for the workman.

Archibald M'Lucas, labourer, sued Dr Donald Campbell, lessee of Ballachulish Slate Quarries, for payment of £39, 8s. 6d., as the amount of deductions which he alleged had been made from his wages between the years 1882 and 1890, while he was in the employment of the defender. He averred that these deductions had been made without any authority from him in writing or otherwise.

The pursuer pleaded—‘(1) Wages to the amount libelled being due and resting-owing by the defender to the pursuer, he is entitled to decree as concluded for, in terms of the Statute 1 and 2 Will. IV. c. 37. (2) The said deductions from wages having been made without written authority from the pursuer, he is entitled to decree in terms of the said statute.”

The defender pleaded—“(1) The pursuer's averments are not relevant or sufficient in law to support the conclusions of the action; and (5) compensation.”