Unpaid wages
The Payment of Wages Act 1991 protects employees against unlawful deductions from, or non-payment of, wages that are properly payable to them. Wages include salary, overtime, commission, holiday pay, and certain other payments. If your employer has failed to pay wages you are owed, or has made a deduction that is not permitted, you can bring a complaint to the Workplace Relations Commission (WRC).
Key facts
Deadline
A complaint about unpaid wages or an unlawful deduction must be brought to the Workplace Relations Commission within 6 months of the date of the deduction or non-payment. This can be extended to 12 months where the adjudication officer is satisfied that the delay was due to reasonable cause.
What to do
- Work out exactly what you are owed and the dates it should have been paid, using your contract, payslips, and roster or timesheets.
- Raise it with your employer in writing first, setting out the amount and asking for payment.
- Check whether any deduction was authorised – deductions are generally only lawful if required by law, permitted by your contract, or agreed in writing in advance.
- Keep copies of payslips, your contract, and all correspondence.
- If it is not resolved, lodge a complaint with the WRC using the online complaint form within the time limit.
- Prepare for an adjudication hearing where you can present your evidence of what was properly payable and unpaid.
- If your employer is insolvent, unpaid wages may be recoverable under the Insolvency Payments Scheme.
What to watch out for
- Missing the 6-month time limit can bar your claim unless reasonable cause for an extension is shown.
- Not all disputed sums are 'wages properly payable' – the WRC will look at what your contract and the law entitled you to.
- If your employer becomes insolvent, ordinary recovery may be difficult and the Insolvency Payments Scheme has its own limits.
- Resigning without advice can complicate related claims – consider your position carefully.
Legal basis
Frequently asked questions
What counts as 'wages'?
Wages include your normal pay plus items such as overtime, commission, bonuses that are properly payable, and holiday pay. It does not generally include expenses or certain other payments outside the definition in the Act.
Can my employer deduct money from my pay?
Only in limited circumstances – where the deduction is required by law (such as tax), authorised by your contract, or agreed by you in writing in advance. Unauthorised deductions can be challenged at the WRC.
How long do I have to complain?
You must bring your complaint to the WRC within 6 months of the deduction or non-payment, extendable to 12 months for reasonable cause.