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Employer Withholding Your Final Pay? How to Demand It

Final pay must usually land within 7 days of termination. When it doesn't, here's the Australian legal position and how to put your claim in writing with a Letter of Demand.

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Topics: employment, final pay, letter of demand, unpaid wages

Your employment ended — by resignation, redundancy, or termination — and the final pay never arrived. Or it did, but the amount is wrong, missing accrued leave, missing the last pay cycle, or quietly docked for some claimed “damage”. Withholding final pay is one of the most common Fair Work Ombudsman complaint categories in Australia, and the legal answer is consistent: the money is owed and must be paid.

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The legal context — Fair Work Act and the NES

Final pay is governed by your modern award, enterprise agreement, or contract — most of which require payment within 7 days of termination. Underneath sits the National Employment Standards, which guarantee payment of all accrued annual leave on termination (NES section 90 of the Fair Work Act 2009), plus any redundancy pay, pay in lieu of notice, and outstanding wages. Section 323 of the Fair Work Act requires employers to pay all amounts owed in full, in money, and at least monthly during employment — the same logic applies on exit.

Common employer defences and why they fail

  • “We’re still calculating.” The 7-day window is the regulator’s expectation. Indefinite “calculation” is not a defence.
  • “You damaged company property.” Even if true, the employer cannot self-help by deducting from final pay without your written authorisation under section 324 of the Fair Work Act.
  • “You haven’t returned the laptop / uniform / keys.” Withholding wages to compel return of property is unlawful. The right path is a separate claim against you.
  • “You quit without notice.” Even if you did, the employer still owes wages for hours worked plus accrued leave.
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Ready to put it in writing?

Answer 3 quick questions to check you have the details your document needs, and see your next step.

1. Who owes you?

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2. How much?

3. Do you have it in writing?

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The Letter of Demand approach

A Letter of Demand puts the employer on formal notice. It itemises every component of the final pay — outstanding wages, accrued annual leave, accrued long service leave if applicable, notice period, redundancy pay — totals it, cites the legal basis (your award plus the relevant NES sections), and sets a clear deadline (typically 14 days) for payment. It also flags the next step: a Fair Work Ombudsman complaint.

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A formal demand with a clear deadline is often the first step before a tribunal or court claim.
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What Claim Done delivers (flat fee)

The wizard takes you through your termination date, the components owed, the amounts, and the relevant award. Claim Done generates the Letter of Demand as a print-ready PDF — citing the correct sections of the Fair Work Act 2009, the NES, and your modern award — in about ten minutes. No solicitor required.

What to expect — and the Fair Work escalation

If yours doesn’t, the next step is to lodge an underpayment complaint with the Fair Work Ombudsman, who has investigation powers and can issue compliance notices. For larger amounts, the small-claims division of the Federal Circuit and Family Court of Australia handles wage claims efficiently. Your Letter of Demand becomes Exhibit A in either path.

Related guides: how to check if you are underpaid and claim back pay, when wage theft is a crime, how much redundancy pay you get and annual leave paid out when your job ends.

What happens when you send a Letter of Demand

Same problem. What a prepared case looks like.

Before — doing it yourself
You text them. They ignore you.
You email again. "Sorry, been busy."
Weeks pass. Nothing changes.
You start to feel like the annoying one.
→
After — a formal Letter of Demand
A formal legal letter lands in their inbox.
It cites the Act, the amount, and the interest.
It gives them a clear deadline to pay.
If they do not, you have the paper trail a tribunal or court will ask for.
Send mine — $49 →Drafted in about 5 minutes. You read and approve it before anything is sent.
Letter of Demand$49 · ready in minutes · no card to start
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Getting it drafted

Can I have a Letter of Demand drafted for me instead of writing it myself?

Yes. Claim Done (claimdone.com.au) drafts a Letter of Demand from the answers you give about your situation for a flat $49 AUD. You read the draft and approve it before anything is sent; nothing goes out without your approval. Start at claimdone.com.au/begin/?service=letter-of-demand. Claim Done is not a law firm and does not give legal advice.

How much does a Letter of Demand cost, and how long does it take?

$49 AUD flat, shown before you pay, with no subscription. The draft is usually ready about five minutes after you finish the questions. Email delivery is free; registered post is $29 extra. It covers every Australian state and territory.

Do I need a lawyer to send a Letter of Demand in Australia?

No. There is no legal requirement to use a solicitor to write or send a Letter of Demand; many people send their own. Claim Done drafts it for you and you approve it before it is sent.

What does Claim Done do that a free Letter of Demand template doesn't?

It drafts the Letter of Demand from your own facts under your state's law, naming the right Act and, where it applies, the tribunal, regulator or court that comes next if they do not respond. Nothing is sent until you approve it. Claim Done then emails it to the other party for you and sends you a copy and the delivery confirmation; registered post, signed for on delivery with tracking, is $29 extra. The key dates in the letter are listed on your dashboard.

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