Increased sentence for wage theft
Supreme Court judgment of 23 June 2026, HR-2026-1398-A (case no. 26-033569STR-HRET), criminal case, appeal against Borgarting Court of Appeal's judgment of 2 January 2026.
I. A (advocate Mathias Vellesen) v. The Public Prosecution Authority (Public Prosecutor Jeanette Westlund Hegna)
II. The Public Prosecution Authority (Public Prosecutor Jeanette Westlund Hegna) v. A (advocate Mathias Vellesen)
An employer had, over a period of approximately six months, failed to pay wages and holiday pay to 13 employees. Most of them were foreign nationals. The total amount was approximately NOK 465,000.
In the Court of Appeal, the employer was sentenced to five months’ imprisonment. The case before the Supreme Court concerned sentencing. The Supreme Court increased the sentence to nine months’ imprisonment.
In determining the appropriate level of sentencing, the Supreme Court referred to the sentencing levels for other acquisitive offences, such as theft and embezzlement. The Court emphasised that wage theft affects individuals’ income, which is fundamental to their basic livelihood, and that victims in such cases are often foreign workers who are particularly vulnerable.
The judgment provides guidance on sentencing levels and the key factors to be considered in cases of wage theft.
Read the judgment (Norwegian only) (PDF)
Area of law: Criminal law; acquisitive offences; salary theft. Sections 395 and 396 of the Penal Code
Key paragraphs: 16, 17, 20
Justices: Webster, Hellerslia, Stenvik, Lund, Vang