My employer hasn't paid me — what can I do?
If your employer has withheld, delayed, or failed to pay your wages, you have immediate rights under Australian law. This guide explains what to do now.
This is educational information about Australian employment law, not personal legal advice. Every situation is different. Important deadlines apply. Read the time limits below carefully.
Your immediate rights
✓ You have the right to be paid for work you've performed, on or before the agreed pay date under Australian employment law.
✓ You can take action immediately — there's no waiting period for unpaid wages claims.
✓ If you owe nothing, you don't have to keep working without pay while you sort this out.
⚠️ Important: Some claims have strict time limits (see "Important Time Limits" section below).
What to do right now
Step 1: Document Everything
- ✓ Save your employment contract
- ✓ Collect all payslips (even partial ones)
- ✓ Take screenshots of pay stubs
- ✓ Save emails discussing pay
- ✓ Record work hours (timesheet or notes)
- ✓ Note the pay dates you missed
Step 2: Contact Your Employer
- ✓ Send a written request (email is fine)
- ✓ Clearly state the amount owed
- ✓ Specify the dates of unpaid work
- ✓ Give a reasonable timeframe (e.g., 5–7 days)
- ✓ Keep a copy for your records
- ✓ Do this even if they're not responding
Calculate what you're owed
Use this simple calculation to estimate your unpaid wages:
Estimated amount owed:
$0.00
This is a basic calculation. Your actual entitlement may differ based on penalties, interest, and other factors.
Your escalation options
1. Fair Work Commission (Small Claims Track)
If you're owed less than AUD $10,000 and it's unfair termination or general protections, you can apply online.
Fair Work Commission Contact →2. Small Business Commissioner (State-based)
For small-business disputes under AUD $10,000 in your state or territory.
Select your state: NSW • VIC • QLD • SA • WA • TAS • ACT • NT
3. Local Court
You can take a civil claim through your state or territory's Local Court for unpaid wages.
Usually no legal representation needed for small amounts.
4. Seek Professional Help
Consider speaking with an employment lawyer or your union if:
- • Amount owed is substantial (>AUD $5,000)
- • You suspect unlawful termination
- • You face retaliation for claiming wages
- • Your employer won't respond
⚠️ Important Time Limits
For unfair dismissal claims: You must apply to the Fair Work Commission within 21 days after dismissal takes effect. This is strict.
For unpaid wages: Generally 6 years to recover (Common Law) or 12 months (Fair Work Act specific cases).
For general protections: 6 months to report to Fair Work Ombudsman; they then have 12 months to take action.
If you think you've been unfairly dismissed, act immediately — the 21-day limit is firm.
Is this a wages dispute or dismissal?
Different rules apply depending on your situation:
✓ You're still employed, just not paid
Take the steps above. Most employers will pay once they realise you're serious.
✓ You were fired/let go AND owed wages
You have TWO separate claims: unpaid wages (any amount) AND potentially unfair dismissal (if eligible). The dismissal claim has a 21-day deadline.
✓ You were "stood down" without pay
Generally, you must be paid for the stand-down period unless it's an emergency (fire, flood, pandemic). Check your contract.
✓ You're a casual and weren't paid
Casuals have the same right to be paid for work performed. No difference in entitlement.
Related guides and resources
Unfair Dismissal Rights in Australia
Understand eligibility, deadlines, and the Fair Work Commission process.
Final Pay Requirements in Australia
Timing, superannuation, and what must be paid when employment ends.
Employment Contracts — What's Legal?
Check if your contract complies with Australian employment law.
Employment Exit Checklist
Download the checklist to organize evidence and documents.
Official sources
Need to organize your evidence?
Download our Employment Exit Checklist to gather payslips, contracts, emails, and other essential documents.
Download the Checklist →Educational disclaimer: This content provides general information about Australian employment law and is not a substitute for personal legal advice. Employment disputes are complex and your specific situation matters. Consult a qualified employment lawyer or union representative about your circumstances.
Last reviewed: September 2026. Next review: March 2027. Report a correction.