Employment Law
How Can Overtime and Unused Leave Pay Be Claimed?
Evidence of hours, leave records and separate calculation of entitlements.
Identify each period of additional work
Section 27 regulates overtime conditions and pay. Separate ordinary hours, extra hours, rest-day and public-holiday work. The employment or collective agreement may provide better terms than the statutory minimum. Use the applicable current rules rather than a universal online rate.
Leave and payment are distinct
Annual leave depends on eligibility, service and records. Section 50 addresses payment for accrued unused leave when employment ends. That is a different question from replacing leave with cash while employment continues.
Support the calculation with records
Gather schedules, attendance records, messages, payslips and leave records. Prepare a monthly breakdown and credit payments already received. Request an employer account and consider the appropriate complaint or claim if disagreement remains.
This publication is for general information and does not constitute legal advice on a particular matter. Legislation and case law may change. Seek legal assistance promptly, especially where a court or application deadline may apply.