If you believe you have been underpaid or not paid your correct wages or entitlements, you should check:
If you believe you are owed money by your employer, you can:
For more information, see What if my entitlements are not paid? on the My problem is about section of our website.
You have six years from when the money became owed to you to start court action against your employer.
Before making a claim, you should get legal advice.
If your employer has been made bankrupt, or they have gone into liquidation or administration, you may have other options. For more information, see FAQ below When can I apply for the Fair Entitlements Guarantee?
If you need help to resolve a dispute with your employer about casual conversion, you will need to follow the process for dealing with disputes set out in:
If, after you have followed this process, you have not resolved your dispute with your employer, you may be able to apply to the Fair Work Commission to resolve the dispute
For more information, see:
Before you start legal action against your employer to recover unpaid wages and entitlements, you should:
If you are not able to recover your wages and entitlements with the help of the Fair Work Ombudsman, you may need to start legal action against your employer to recover the money you are owed.
There are various courts that have the power to decide disputes about unpaid wages and entitlements, including the:
You have six years from when the money became owed to you to start court action against your employer.
For more information, see Starting a court case in What if my entitlements are not paid? on the My problem is about section of our website.
Before making a claim, you should get legal advice. A lawyer can advise you which court to make your claim to.
If your employer owes you money you can't refuse to return your employer's property in response.
If you keep your employer's property without their agreement, they may take legal action against you to recover it.
If you want to recover unpaid wages and/or entitlements from your employer, you have other options. You should get legal advice.
When an employer is in financial difficulty they might decide to:
It is often difficult to know which of these situations applies to your employer.
The law can be complex. You should get legal advice about whether you can still bring legal action against your employer if they are bankrupt, in administration or liquidation.
If your employer is a:
If you are told or believe your employer will not have enough funds or assets to pay you, you can consider applying for the Fair Entitlements Guarantee, if your employer went bankrupt on or after 5 December 2012.
For more information, see Fair Entitlements Guarantee on the Department of Employment and Workplace Relations website.
You can make an application under the Fair Entitlements Guarantee if your employment ended because your employer entered liquidation or bankruptcy on or after 5 December 2012 and you meet the eligibility requirement
For more information, see:
Last updated: February 2024