Quick answer
Choose the route by asking what created the entitlement, who employed you, how much you earned, whether a bargaining council has jurisdiction, whether the claim is only for money, and whether a dismissal or insolvency issue runs alongside it. A written payroll request may solve a calculation error. A qualifying section 73A claim may go to the CCMA. Council-covered employment may belong at the council, labour inspectors can address statutory compliance, and some contractual or above-threshold claims may require a court or another mechanism.
How to use this guide
No route should be selected from the words “final salary” alone. Use the decision map below and verify the current rules before filing.
Step 1: Identify the source of each amount
Separate the claim into categories:
- remuneration for the final pay period;
- annual leave payable on termination;
- notice pay;
- overtime, commission or bonus;
- severance after an operational-requirements dismissal;
- a disputed deduction;
- minimum-wage underpayment;
- pension, provident-fund, UIF or tax issues; and
- compensation for allegedly unfair dismissal.
Salary and annual leave may arise under the BCEA and contract. Commission may turn on a scheme’s trigger. Severance has its own requirements. Dismissal compensation is not an unpaid-wage item. Each row can point to a different forum or remedy.
Route A: Internal payroll or grievance correction
Use a documented internal request where the employer is operating, the calculation is transparent, there is no urgent external deadline, and payroll acknowledges a possible mistake. State the pay period, disputed line, amount, source record and requested correction. Ask for the final payslip, leave calculation and payment date.
This route is proportionate for an administrative error, but it is not a legal suspension switch. Escalate if the employer refuses to identify the basis, repeatedly moves the payment date or demands a waiver.
Route B: A bargaining council
Check whether a registered council covers the employer’s industry and the employee’s work. Council agreements can set wages, benefits, dispute procedures and enforcement mechanisms. The council may have jurisdiction where the CCMA does not, or the LRA may direct a dispute to the council first.
Do not decide coverage from the employer’s marketing description. Verify the council’s registered scope, location, activity and employee category.
Route C: CCMA section 73A
Section 73A allows qualifying employees and workers to refer certain claims for failure to pay amounts owing under the BCEA, National Minimum Wage Act, contract, sectoral determination or collective agreement. The CCMA information sheet says ordinary employee eligibility uses the current BCEA earnings threshold and that the claimant should specify the period, rate and exact calculation.
The Department announced an annual threshold of R269,900.90 from 1 May 2026. Threshold notices change, so confirm the current figure and how it applies on the filing date. Also check claimant status, any council coverage, parallel proceedings and whether the amount has already been determined elsewhere.
The LRA 7.11 form contains section 73A selections. A valid referral requires the correct respondent and service. Online filing may deliver a copy automatically when the employer email is accurate; other methods ordinarily need proof of service.
Route D: Department inspection and enforcement
The Department of Employment and Labour’s Inspection and Enforcement Services registers complaints concerning the BCEA and related statutes. A labour inspector may inspect records, seek an undertaking or issue a compliance order within the statutory scheme.
This route can be useful for statutory non-compliance or systemic underpayment. It is not a substitute for every dismissal claim, contractual dispute or private recovery strategy. Tell the adviser whether an inspector has already investigated or issued an order because parallel enforcement can affect the next step.
Route E: A court or contractual process
The Labour Court, High Court, Magistrates’ Court or Small Claims Court may be relevant depending on the legal source, value, claimant status, earnings, jurisdiction and remedy. An arbitration clause, public-service process or special contract may also matter. Court selection involves jurisdiction, procedure, cost and enforcement questions that should be checked before summons is issued.
Do not assume Small Claims Court is automatically appropriate because the amount is modest; employment jurisdiction and claimant eligibility still need to be assessed.
Route F: A separate dismissal referral
If you also say the termination was unfair, open a separate line in the route map. The LRA generally gives 30 days to refer an unfair-dismissal dispute to the competent council or the CCMA. Section 73A money-claim timing is different. A single factual event can therefore require two dispute classifications on the referral form.
Fairness, unpaid remuneration and leave pay can be heard or managed together in some circumstances, but that is a procedural decision—not proof that they are the same claim.
Route G: Insolvency, liquidation or business rescue
When an employer is in business rescue, liquidation or another formal insolvency process, ordinary demands and execution assumptions may no longer fit. Obtain advice about proof of claim, statutory preferences, practitioner or liquidator notices, UIF-related insolvency benefits and the effect of any moratorium. Act on verified process information rather than workplace rumours.
A route-selection worksheet
Answer these questions before filing:
- What exact amount is owing and under which law, contract or agreement?
- What was the claimant’s gross earnings level at the relevant time?
- Is the claimant an employee, worker or disputed contractor?
- Which legal entity employed and paid the claimant?
- Does a bargaining council cover both parties and this dispute?
- Has a labour inspector, court, council or CCMA already dealt with the amount?
- Is there an unfair-dismissal or unfair-labour-practice dispute too?
- Is the employer financially viable and capable of satisfying an order?
- What service address and contact details can be proved?
- What outcome is proportionate to the value and evidence?
FAQs
Must every unpaid salary claim go to the CCMA?
No. Section 73A is an important route, but council coverage, earnings, claimant status, claim source, existing enforcement and court jurisdiction can change the answer.
Can I complain to the Department and refer to the CCMA at the same time?
Parallel steps can interact. Disclose every existing complaint, undertaking, compliance order and proceeding so the adviser or forum can avoid duplication or conflicting relief.
What if the employer calls me an independent contractor?
Employment status may need to be determined from the real relationship, not only the contract label. Gather facts about control, integration, hours, equipment, economic dependence and payment.
Does section 73A cover leave pay?
It can cover qualifying amounts owing under the BCEA, contract or other listed sources, but the leave entitlement, calculation, threshold and jurisdiction must still be shown.
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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.