Wage Theft Criminalised

The Crimes (Theft by Employer) Amendment Act 2025 has commenced, criminalising intentional failure by an employer to make any payment due to their employee under an employment agreement or legislation. This includes payments due under Acts such as the Holidays Act 2003, the Minimum Wage Act 1983, or the Wages Protection Act 1983.

If proven, such a failure constitutes theft under the new s 220AA of the Crimes Act 1961 and renders the employer liable to criminal penalties of fines and imprisonment under s 223.

The commentary in the By Lawyers Employment Law guide has been updated accordingly.