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Termination & Redundancy

When will I get my final pay in Australia? — 2026 timing by reason for leaving

2 min read

Resigned, dismissed or made redundant? Your final pay should land next normal pay cycle (max 21 days). What's included (annual leave, TOIL, LSL, redundancy), and the 4-step recovery process if it's late.

RM

Senior Workplace Relations Writer · GradDip Employment Relations, Griffith University

The NES rule + the practical reality

The National Employment Standards say final pay must be made "as soon as reasonably practicable". The Fair Work Commission and most modern awards interpret this as your next normal pay cycle — with an outer limit of 21 days from your end date. Many awards explicitly set 7 days as the cap.

In practice: if you're on a fortnightly cycle and your last day is the Tuesday before payday, your final pay will land on the next payday in the normal cycle. If your last day is mid-cycle, it's usually the cycle after.

What should be in your final pay

Six potential components, all paid in your final payment:

  1. Outstanding ordinary wages for hours worked up to your end date. Always included.
  2. Unused annual leave paid out at base rate, plus 17.5% leave loading for most permanents (per modern award).
  3. Accrued time in lieu (TOIL) paid out at the rate it was earned (often OT rate).
  4. Unused long service leave if you meet the state minimum (typically 7-15 years; pro-rata after 5-7 years for resignation in some states).
  5. Redundancy pay per the NES scale (only if redundancy, small-business exemption applies for under 15 employees).
  6. Payment in lieu of notice if dismissed with less notice than required.

Timing by reason for leaving

Resignation: Final pay in next normal cycle. Annual leave + TOIL paid out. LSL if eligible.

Dismissed with notice: Final pay in next normal cycle. If shortchanged on notice, the difference is paid as wages.

Summarily dismissed (misconduct): Final pay in next normal cycle. No notice in lieu. Annual leave + TOIL still paid out.

Redundancy: Final pay typically in the redundancy pay cycle (often the same day as termination, especially in larger employers). Includes redundancy lump-sum + notice in lieu (if not worked) + annual leave + LSL.

Casual ending: Final pay in the pay cycle covering the last shift. No annual leave or notice components (casuals don't accrue these).

If your final pay is late: the 4-step recovery

  1. Day 1 late: polite written email to payroll + your manager. Reference your end date and expected entitlements. Most underpayments resolve here.
  2. Week 1 late: formal escalation citing NES s 90 (annual leave payout) and your award's final-pay clause. Ask for a specific payment date in writing.
  3. Week 2-3 late: Fair Work Ombudsman online tip-off (anonymous option available) or 13 13 94. Most unpaid-final-pay cases resolve at FWO contact stage without litigation.
  4. Beyond 21 days: small claims wage recovery via Federal Circuit and Family Court (up to $100,000 limit), or seek legal advice for larger amounts. 6-year recovery limit means you have time, but earlier action is cheaper.

Special situations

Employer hasn't lodged STP / paid super: separate issue from final pay. Lodge an Unpaid Super Enquiry with the ATO; they pursue separately.

Employer disputes the entitlement amount: get an itemised calculation in writing. Common disputes: leave loading on annual leave payout, casual loading off-setting against entitlements, LSL pro-rata eligibility.

Employer has gone bust before paying: if they're in liquidation, claim under the Fair Entitlements Guarantee — up to 13 weeks wages, your AL and LSL in full, 5 weeks notice and NES redundancy pay.

Use the Final Pay Timing Calculator to see your expected date + components + recovery steps based on your specific situation.

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Official resources

General information and estimates only — not legal, financial or tax advice. Always check your specific award, agreement or contract, or a qualified professional, before you rely on the result.

RM
About Rachel Morrison

Nine years in Australian workplace relations — Queensland hospitality HR, then retail ER in Brisbane and Northern NSW. Graduate Diploma in Employment Relations (Griffith University, 2018). Writes about award interpretation, underpayment recovery, and casual conversion. Member of the AHRI since 2019. Based in Paddington, Brisbane.