The end of an employment contract may give rise to claims for wages, overtime, unused annual leave, severance pay and notice pay. Which claims arise depends on the length of service, pay structure, reason for termination and the parties’ conduct.

Main employment claims

• Wages and other payments: Unpaid salary, bonuses, premiums and other contractual payments.
• Overtime: Additional work assessed in light of working arrangements and available evidence.
• Payment for unused annual leave: May be payable when a contract ends with untaken leave outstanding.
• Severance and notice pay: Assessed separately according to the manner of termination, length of service and statutory conditions.
• Reinstatement: Where statutory job security provisions apply, the reason for dismissal and application time limits are important.

Which documents matter as evidence?

The employment contract, payslips, bank records, shift rosters, workplace correspondence, attendance records and witness evidence may all be relevant. Differences between the work actually performed and the details shown on payslips or social security records should also be assessed.

Mediation

Mandatory mediation applies before litigation in many employment disputes. It is important to identify the claims correctly, prepare the relevant documents and record the terms and consequences of any agreement clearly.

Before signing a termination notice, release or mediation agreement, consider its legal consequences.

This article provides general information and does not replace an assessment of the particular position of an employee or employer.