Quick answer
Organise the evidence into five questions: who employed you, what amount became due, when it became payable, what was actually paid, and what the employer says explains the difference. Put source records behind a short chronology and a head-by-head claim schedule. Keep an original copy of each document and label any reconstruction or estimate honestly.
How to use this guide
For this problem, “evidence” is broader than a folder of payslips. A lawyer needs to connect employment status, the applicable terms, work performed, termination, leave accrual, deductions and bank receipts. The strongest pack makes that chain visible without assuming that every dispute belongs at the CCMA.
Build a five-part evidence file
Part 1: Prove the employment relationship
Start with the signed contract, offer letter, written particulars of employment, amendments, job description and any collective agreement or workplace policy incorporated into the terms. Add identity and legal-entity information for the employer. If there is no written contract, keep records showing control, reporting lines, working hours, regular payment, staff access, instructions and how the relationship operated in practice.
Where a labour broker, client site, franchise, group company or business transfer appears, create a short diagram showing who recruited, supervised, paid and dismissed you. Do not select a respondent solely because its logo appeared at the workplace.
Part 2: Prove the work and pay pattern
Collect payslips for a representative period, bank statements showing matching deposits, time sheets, rosters, attendance data, commission statements and approved overtime. Mark changes in salary, hours, role or pay frequency. If cash was used, preserve signed receipts, pay envelopes, contemporaneous messages and witnesses who can explain the normal practice.
Create a table with pay period, gross remuneration, listed deductions, expected net pay, actual deposit and variance. This gives the lawyer a reliable baseline for the final-period calculation.
Part 3: Prove the termination facts
Keep the resignation, notice, dismissal outcome, retrenchment letter, mutual-separation proposal, fixed-term contract, retirement record or communication showing the final date. Record the last day worked, whether notice was served or paid, whether access ended earlier, and whether any appeal or internal process changed the final decision date.
The final-pay dispute may overlap with a dismissal dispute, but the two issues should not be blended. Preserve hearing notices, charges, representations and outcomes in a separate dismissal section because a potentially unfair termination can trigger a shorter referral deadline.
Part 4: Prove the leave position
Export the leave portal before access disappears. Keep leave statements, approved and rejected requests, calendars, timesheets, shutdown notices, payslip balances and applicable leave policy. Record employment start date, completed leave cycles, days taken and the unfinished cycle at termination.
If the employer’s balance conflicts with yours, do not simply write “30 days owed.” Show the opening balance, accrual method, each leave event, adjustment, closing balance and payment rate. Note whether a number represents annual leave, family-responsibility leave, sick leave or another category; not every unused leave type is automatically payable on termination.
Part 5: Prove demand and non-payment
Keep the final payslip, exit calculation, tax certificate if relevant, bank statement covering the expected payment date, and every request for an explanation. Save the employer’s response in full, including attachments. If the employer alleges a deduction, damage, loan, notice shortfall, set-off or overpayment, preserve the policy, consent, calculation and correspondence relied upon.
The BCEA regulates payment timing and deductions, while section 40 identifies specified payments on termination. Evidence should therefore show both the entitlement and the alleged reason payment was withheld.
Turn the records into a claim map
Create one row for each disputed item:
| Item | Source of entitlement | Period | Calculation | Employer response | Proof |
|---|---|---|---|---|---|
| Final salary | Contract and ordinary pay cycle | Exact dates | Rate multiplied by payable units | Paid, denied or unexplained | Payslip, roster, bank record |
| Annual leave | BCEA, contract or policy | Relevant cycles | Supported days multiplied by remuneration rate | Balance or rate disputed | Leave ledger and requests |
| Notice pay | Contract and termination facts | Notice period | Applicable remuneration basis | Notice allegedly waived or worked | Notice and exit correspondence |
| Deduction | Consent, law, order or agreement | Final payroll | Gross item less stated deduction | Recovery or set-off alleged | Payslip and deduction records |
Add other items only where they genuinely arise. Separating heads prevents one weak estimate from undermining the parts that are well proved.
Preserve evidence quality
- Export emails and portal records with dates, sender details and attachments where possible.
- Keep uncropped originals of messages; use screenshots only as working copies.
- Record when and how a document was obtained.
- Do not alter a payslip, leave statement or metadata to make the claim look clearer.
- Store sensitive files securely and share them through the lawyer’s approved channel.
- Redact unrelated transactions from a consultation copy without destroying the original.
- Write down the names and roles of witnesses, but do not coach them or circulate a joint version.
What if important records are missing?
Make a missing-evidence list rather than guessing. For each item, identify who controls it, when it was requested, the response, and the fallback proof available. The BCEA gives employees and trade-union representatives specified rights concerning employment records, and labour inspectors have statutory inspection powers. A lawyer can decide whether a request, referral, subpoena, disclosure process or inspection route is appropriate.
Do not delay all advice until the file is perfect. Send the termination date, final pay date and any formal deadline first, then identify gaps.
FAQs
Are bank statements enough to prove unpaid salary?
They can show what reached the account, but usually not what should have been paid. Combine bank entries with the contract, payslip, hours, rate, leave records and termination facts.
What if the employer never issued payslips?
Keep bank records, schedules, messages, time records and other proof of the pay arrangement. Tell the lawyer that statutory remuneration information may be missing rather than manufacturing a replacement payslip.
Should I send my entire banking history?
Usually only the relevant periods and transactions are needed at first. Preserve the complete original, then provide a securely redacted consultation copy if the lawyer agrees.
Can witnesses replace documents?
Witness evidence may fill gaps, particularly about work, instructions or cash payments, but contemporaneous records are often easier to test. List witnesses alongside the specific fact each person can prove.
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Legal note
This article is general legal information for South African readers. It is not legal advice. Speak to a qualified legal professional about your specific facts before taking action.