Final pay withheld after you left?
Your last salary, leave pay and notice pay have not reached your account.
Your last day came and went, but the final payslip, the notice pay and other entitlements you expected never reached your account.
Unpaid final wages are a specific problem, separate from whether your dismissal was fair. Both can matter to an unfair dismissal claim, and each has its own path forward.
What am I actually owed when employment ends?
Your final pay includes salary up to your last working day, any accrued but unused annual leave, and notice pay if proper notice was not given.
Check your contract and the Employment Act’s provisions on termination benefits for the figures that apply to you.
Where do I go if my employer simply will not pay?
Unpaid wages can be pursued through the Department of Labour, separately from any unfair dismissal claim about the dismissal itself.
When you raise it formally, bring your contract, your last payslip and a clear calculation of what you believe you are owed.
Does withheld pay also affect whether the dismissal was fair?
It can, especially if the withholding looks like retaliation for something you did, such as raising a complaint before you were dismissed.
Your employer must show a lawful basis for withholding any part of your final pay, not just that they chose to.1
How does the 60-day deadline interact with this?
If you also believe the dismissal was unfair, you still have 60 days from the dismissal date to file a Section 20 representation.2 This is the written claim you lodge to say your dismissal was unfair, and it goes to the Director General of Industrial Relations.
That deadline runs whatever the wage recovery process is doing, so track both timelines separately.
What should you do this week?
Write out an itemised calculation of what you believe you are owed, compared with your contract and payslips.
If your dismissal also felt connected to a wider closure or restructuring, read about an employer closing the business. Then use the deadline calculator to track your 60 days.
If you want a lawyer to recover what you are owed, request lawyer contact first; only after an identified independent lawyer has contacted you and specifically requested the material, send your payslips and calculation directly to that lawyer. They can review whether it is a case they can act on.
If your final pay and entitlements were never paid, an independent employment lawyer can review your payslips and calculation and pursue what you are owed if you have grounds.
For people seeking legal representation. For general information, please use our guides and tools.
First contact: general facts only, such as date, location, employment status and a short summary. Keep documents private until an identified independent lawyer contacts you and specifically requests them.
Common questions
Is withheld final pay the same issue as an unfair dismissal claim?
No. They are separate legal questions, though both can apply to the same situation. Unpaid wages are usually pursued through the Department of Labour, while an unfair dismissal claim goes through Section 20.
How long do I have to claim unpaid final wages?
Wage claims have their own timeframes through the Department of Labour, separate from the 60-day window for an unfair dismissal claim. Check both deadlines instead of assuming they match.
Can my employer deduct money from my final pay without telling me?
Deductions need a lawful basis, such as an agreed loan repayment or a specific contractual term. An unexplained deduction is worth challenging directly and, if needed, through the Department of Labour.
What if I already signed a settlement accepting a lower final amount?
A signed settlement can affect what is still recoverable, so check exactly what it covers and whether it was fairly reached.
Sources
- In an unfair dismissal case the burden of proof rests on the employer to show just cause or excuse for what happened. Mah Weng Kwai & Associates
- An employee who believes they were dismissed without just cause may file a Section 20 representation within 60 days of the dismissal. Mah Weng Kwai & Associates
Keep reading
If your final pay and entitlements were never paid, an independent employment lawyer can review your payslips and calculation and pursue what you are owed if you have grounds.
For people seeking legal representation. For general information, please use our guides and tools.
First contact: general facts only, such as date, location, employment status and a short summary. Keep documents private until an identified independent lawyer contacts you and specifically requests them.