Your Final Pay Is Being Withheld
Your last salary and entitlements never arrived after your employment ended.
Your last day came and went, but the final payslip, the notice pay, and other entitlements you expected never actually arrived in your account.
Unpaid final wages are a real and specific problem, separate from whether your dismissal itself was fair. Both questions can matter for any unfair dismissal claim, and both have their own paths forward.
What am I actually owed when employment ends?
Your final pay typically includes outstanding salary up to your last working day, any accrued but unused annual leave, and notice pay if proper notice was not given.
Check your employment contract and the Employment Act’s provisions on termination benefits for the specific figures that apply to your situation.
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.
Bring your contract, your last payslip, and a clear calculation of what you believe you are owed when you raise this formally.
Does withheld pay also affect whether the dismissal was fair?
It can be relevant, especially if the withholding looks like retaliation for something you did, such as raising a complaint before you were dismissed.
Your employer carries the burden of showing there was a lawful basis for withholding any part of your final pay, not simply that they chose to1.
How does the sixty day deadline interact with this?
If you also believe the dismissal itself was unfair, you still have sixty days from the dismissal date to file a Section 20 representation with the Director General of Industrial Relations2.
That deadline runs regardless of how the separate wage recovery process is progressing, so keep track of both timelines independently.
What should you do this week?
Write out a clear, itemised calculation of what you believe you are owed, comparing it against your contract and payslips.
If your dismissal also felt connected to a wider closure or restructuring, read about an employer closing the business, and use the deadline calculator to track your sixty days.
Sharing your itemised calculation and payslips helps a lawyer see quickly what you are still owed.
Common questions
Is withheld final pay the same issue as an unfair dismissal claim?
No, they are separate legal questions, though they can both 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 separate timeframes through the Department of Labour, distinct from the sixty day window for an unfair dismissal claim, so check both deadlines rather than assuming they are the same.
Can my employer deduct money from my final pay without telling me?
Deductions generally 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 bring the exact document to a lawyer to review what it actually 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 sixty days of the dismissal. Mah Weng Kwai & Associates
Keep reading
Sharing your itemised calculation and payslips helps a lawyer see quickly what you are still owed.