PayeMesHeures
Illustration: limitation calculator

Can I still claim unpaid wages?

In Australia, each pay period is limited to SIX YEARS from the contravention (Fair Work Act 2009, s.544). The end of employment does not shorten that period. This tool calculates the cutoff date and the period you can still recover.

Current situation
Have you already lodged a claim (Fair Work / court)?

Cutoff date

09/10/2020

Recoverable period

72 months (statutory maximum: 72 months)

Wages are covered from 10/2020 (6 years back, pay period by pay period, Fair Work Act 2009, s.544; the end of employment does not shorten this period). The Australian window is LONG (6 years), but each pay period has its own 6-year period running: a WRITTEN claim to the employer (written claim / letter of demand, keep a copy) fixes your position and lets you ask for the records (employee records / pay slips, Fair Work Act s.535/536). Recovery: information and mediation through the Fair Work Ombudsman, then the small claims procedure (s.548, up to 100,000 AUD) or a claim in the Federal Circuit and Family Court of Australia (Division 2) / the Federal Court of Australia. That is 73 covered pay months.

How does the time limit work?

The Fair Work Act 2009 (s.544, confirmed by s.545(5)) provides six years per pay period: each unpaid pay starts its own period. The window is long, but each pay period has its own 6-year period running.

How do you act?

A WRITTEN claim to the employer (written claim / letter of demand, keep a copy) fixes your position and lets you ask for the records (employee records, pay slips, Fair Work Act s.535/536). Recovery: information and mediation through the Fair Work Ombudsman, then the small claims procedure (s.548, up to 100,000 AUD) or a claim in the Federal Circuit and Family Court of Australia.

Read next

Don't wait for the statute of limitations

You can only claim your wages for the last 6 years. Every month that passes is a month lost.

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