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Recovery of Entitlements

Can the Office of Industrial Relations take action to recover unpaid entitlements?

If you are an employee, covered by a NSW Award or Enterprise Agreement or by the Annual Holidays Act or Long Service Leave Act and you have not received your entitlements, you may be able to take action that may lead to the recovery of your wages.

To find out if you are covered by an Award or if you are unsure of your entitlements contact Office of Industrial Relations online or telephone 13 16 28.

How do I lodge a complaint?

Attend your nearest Contact Centre or ring 13 16 28 to verify pay rates and the award you work under. Before OIR will consider an industrial complaint the employee must demonstrate they have tried to resolve the matter directly with their employer. For advice on the steps you need to take before lodging an industrial complaint with OIR ring 13 16 28 . The 'Guide to the Recovery of Unpaid Wages' assists employees who wish to undertake their own recovery action through the court system. 

What happens after I lodge a complaint with OIR?

The Client Service Officer may send out letters to both parties in an attempt for both parties to reach an agreement to settle the matter. If the matter has not been resolved within 28 days, the complainant must telephone the Client Service Officer and request an investigation be commenced.

If the matter does not settle, the complaint is forwarded to an Investigator for investigation. Each matter is dealt with in order of receipt.

After investigation, if there is sufficient evidence to substantiate a breach of an industrial law, prosecution action may be commenced.

Will I have to attend court?

You may have to attend court if OIR takes action against your former employer for a breach of an industrial law. You will be a witness for OIR and may be required to give evidence about your employment. The Magistrate will hear the matter and make a final decision. If the Magistrate finds your former employer has breached an industrial law the Magistrate may impose a penalty or a fine and may order your former employer to pay you your unpaid entitlements. The Magistrate may also order that interest on your unpaid entitlements be paid.

How long will it take for my matter to be finalised if I lodge a complaint?

Each matter is dealt with in order of receipt by OIR. It is not possible to say how long it will take for a matter to be finalised but it could take some time for the investigation process to be completed.

Does it cost anything to lodge a complaint?

No.

What documents do I need?

For OIR to investigate a matter there must be some way of calculating whether or not you are owed any money. To do this there must be some record of times and days worked. An Investigator may be able to obtain the time and wage records from your former employer. However, if this can not be done a diary, pay slips or a group certificate may provide this information. You must also be able to establish where your former employer can be located. If you do not have any documents, still contact OIR and you will be informed as to whether or not OIR can help you.

Can I take my own action to recover unpaid entitlements?

If you are an employee, covered by a NSW Award or Enterprise Agreement or by the Annual Holidays Act or Long Service Leave Act and you have not received your entitlements, you can take action yourself by lodging a small claim (Self Recovery Kit) with the The Chief Industrial Magistrate's Court Registry, Level 4, the Downing Centre Local Court, 143 - 147 Liverpool Street Sydney.

This process does involve a small fee. You need to have some evidence to support your claim for example: pay slips, group certificates and records of times and days worked. There must be some way of calculating whether you have been underpaid.