JOURNAL ARTICLE

The Expansion of Wage Theft Legislation in Common Law Countries—Should Ireland be Next?

  • Published In: Industrial Law Journal, 2023, v. 52, n. 2. P. 342 1 of 3

  • Database: Academic Search Ultimate 2 of 3

  • Authored By: O'Sullivan, Michelle 3 of 3

Abstract

This article examines the issue of wage theft in Ireland, focusing on whether existing employment laws—the National Minimum Wage Act 2000 and the Organisation of Working Time Act 1997—adequately protect workers and provide effective remedies for underpayment. While Irish legislation contains many provisions similar to newer wage theft laws in other common law countries, several legal and procedural obstacles hinder workers from successfully reclaiming unpaid wages, including complex time limits, pre-complaint requirements, and challenges in identifying the correct employer. Enforcement is further weakened by limited labour inspectorate capacity and low penalties, which may reduce deterrence against violations. The article concludes that rather than introducing radically new laws or criminalising wage theft, Ireland would benefit from amending existing legislation, enhancing enforcement resources, and supporting collective worker representation to better address wage theft.

Additional Information

  • Source:Industrial Law Journal. 2023/06, Vol. 52, Issue 2, p342
  • Document Type:Article
  • Subject Area:Law
  • Publication Date:2023
  • ISSN:0305-9332
  • DOI:10.1093/indlaw/dwac019
  • Accession Number:164690051
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