Rights & Responsibilities

This guide takes you step-by-step through the process of recovering wages and/or other entitlements that may be owed to you by an employer.  The guide uses the small claims procedure set out in the NSW Industrial Relations Act 1996, Annual Holidays Act 1944 and the Long Service Leave Act 1955.

The information in this guide refers to recovering monies under NSW industrial relations legislation, awards and enterprise agreements. Before commencing any action you must determine if your employment was covered by NSW industrial relations legislation. Changes made to federal industrial relations laws will determine what laws apply in workplaces and what action you may take to recover unpaid wages and entitlements.

If your employer is incorporated (for example, Pty Ltd is part of the employer's name), then, in most cases, you will only be able to use this guide to recover money owed up to 27 March 2006. If your employer is unincorporated (sole trader or partnership) and you were employed under a NSW award, then NSW industrial relations laws continue to apply and the information in this guide applies to you.

In most instances the NSW Long Service Leave Act 1955 will continue to apply to all NSW employees regardless of the status of the employer.

If your employer is an incorporated businesses and your claim relates to a period after 27 March 2006 you need to contact the Department of Employment and Workplace Relations. You can contact them directly on 1300 363 264. For further information please refer to the Office of Industrial Relations publication, Employing Staff in NSW – A guide to the Laws Covering Employment in NSW.

Many disputes about wages are resolved by the employee and employer talking to each other.  Before preparing a claim for unpaid wages, the Office of Industrial Relations (OIR) recommends that you discuss your concerns with your employer.

If you believe you are owed money by an employer or former employer, your union, accountant or lawyer may be able to provide assistance and advice.  

You should read through the frequently asked questions in this booklet before considering any legal action.

This process involves four basic steps:

• preparing your claim
• contacting your employer about your claim
• filing your claim with the local court
• presenting your case in court.

Copies of forms and sample letters you will need are included in the back pages of this guide.

The following free online services are available on the OIR website to assist you in calculating what you are owed.

Awards Online

NSW Awards Online provides easy access to information on industrial awards, including pay rates, award conditions and leave entitlements. 

To find your award, enter a job or workplace description, or search the alphabetical list of awards.  You can download a full copy of the award.

Check Your Pay

Check Your Pay calculates wages and other entitlements for people working in restaurants, shops, hair and beauty salons or in clerical and administration jobs.  Other awards are in development.   You can check your pay against actual hours worked and include allowances, penalties and loadings for a specific pay period.  You can calculate the amount to be paid for the work done and generate time sheets. 

You can also calculate long service and annual leave entitlements on the OIR website.