Question 1

What should my final pay include when I resign?

Accepted Answer

When you resign, your final pay should include: any outstanding wages for hours worked, payment for unused accrued annual leave, payment for unused long service leave (if eligible), and any other entitlements under your award or agreement. If your employer does not require you to work the notice period, you may also receive payment in lieu of notice.

Question 2

When does my employer have to pay my final pay?

Accepted Answer

Under the Fair Work Act, your employer must pay your final pay within 7 days of your employment ending. This applies regardless of whether you resigned, were terminated, or were made redundant. If your employer does not pay on time, you can contact the Fair Work Ombudsman for assistance.

Question 3

Do I get paid out unused annual leave when I resign?

Accepted Answer

Yes. Under the National Employment Standards, all accrued but unused annual leave must be paid out when employment ends, regardless of the reason for leaving. This includes resignation, termination, redundancy, or the end of a fixed-term contract. Annual leave is paid at your base rate of pay.

Question 4

What is included in a final pay after redundancy?

Accepted Answer

After a genuine redundancy, your final pay should include: redundancy pay (based on your years of service under the NES scale), payment in lieu of notice (if not worked), unused accrued annual leave, unused long service leave (if eligible), and any outstanding wages. Small businesses with fewer than 15 employees are exempt from NES redundancy pay.

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