Quick answer
Before the first consultation, avoid turning every employment complaint into one unexplained figure, missing a dismissal deadline while waiting for payroll, naming the wrong employer, overstating a leave balance, deleting source records, signing a broad settlement, or using threats to force payment. Bring a neutral chronology, a separated calculation and the employer’s actual explanation. The lawyer can then test the claim instead of first undoing preventable damage.
How to use this guide
Most early mistakes do not come from knowing too little law. They come from acting on an assumption before the terms, dates, arithmetic and route have been checked.
Mistake 1: Treating gross pay, net pay and the claim amount as the same thing
Gross remuneration, lawful deductions, tax treatment and the bank deposit are different figures. A final payslip may show amounts that were earned but offset, withheld or allocated. Start with gross claim items, list each deduction and then reconcile the net payment. Do not claim the missing bank difference without explaining how it was derived.
Mistake 3: Assuming every unused leave day must be paid
Section 40 of the BCEA deals with specified annual-leave payments on termination. Sick leave, family-responsibility leave, parental leave and discretionary leave require separate treatment. Even annual leave needs a verified cycle, accrual, days taken and remuneration rate. Preserve the employer’s leave records and show where your calculation differs.
Mistake 4: Waiting for an internal answer while another deadline runs
A payroll query and an unfair-dismissal dispute are separate tracks. The Labour Relations Act generally requires dismissal disputes to be referred within 30 days. An internal grievance or payment promise should not be assumed to pause that period. Put every possible external deadline at the top of the consultation summary.
Mistake 5: Using an outdated earnings threshold
Older section 73A guidance may display a threshold that has since changed. The Department announced R269,900.90 annually from 1 May 2026. Eligibility still requires context, including the source of the claim and whether another forum or worker category applies. Record current gross earnings and ask which threshold date governs.
Mistake 6: Naming a manager or trading name as the employer
A supervisor who communicated the termination is not necessarily the legal respondent. Compare the contract, payslip, tax certificate, company details and bank payer. Labour brokers, client companies, franchises and transfers make this especially important. Do not rewrite documents to create consistency; flag the conflict for advice.
Mistake 7: Altering, cropping or selectively exporting evidence
Keep original emails, attachments, payslips, leave exports and message threads. Cropped screenshots can remove dates and context. Do not access an employer system after authority has ended or take customer and company records unrelated to your claim. Create working copies while preserving the untouched source.
Mistake 8: Sending accusations instead of a payment query
A useful request identifies the pay period, disputed items, supporting documents and response sought. Threats, insults, mass-copying clients or posting allegations publicly can introduce confidentiality, disciplinary or defamation issues. A firm, factual communication is easier to use as evidence.
Mistake 9: Signing before reconciling the wording and amount
An exit form, receipt or “full and final settlement” may waive more than the payment listed. Compare the document against salary, leave, notice, severance, benefit and dismissal issues. Do not sign merely to receive an undisputed amount without understanding the effect. Keep every draft and mark which terms changed.
Mistake 10: Assuming a fair dismissal cancels payment rights
Even where an employer says the process and reason for dismissal were fair, earned remuneration and statutory termination payments still need their own analysis. Conversely, an unpaid amount does not automatically prove unfair dismissal. Keep the two questions in separate sections of the file.
Mistake 11: Ignoring deductions and set-off details
If the employer alleges damaged equipment, missing stock, a loan, notice shortfall or overpayment, request the contractual or statutory basis and arithmetic. Section 34 of the BCEA restricts deductions and includes conditions for some loss-or-damage deductions. Do not concede liability casually, but do not assume every deduction is invalid.
Mistake 12: Arriving without a realistic outcome and cost limit
Tell the lawyer whether you need a calculation, demand, CCMA referral, council filing, inspector complaint, settlement review or full representation. Bring the value of the claim and ask whether projected fees are proportionate. A correct route can still be commercially unsuitable if enforcement is unlikely.
A consultation-ready correction pack
Prepare these five pages before adding annexures:
- Chronology: employment start, final pay period, termination, expected payment and follow-ups.
- Claim schedule: separate item, legal source, period, rate, units, amount and supporting record.
- Forum facts: earnings, council coverage, employer identity and any existing case.
- Deadline page: dismissal, internal appeal, prescription or other relevant dates.
- Dispute list: facts accepted, facts disputed, missing records and employer defences.
Use the primary documents as annexures. This structure lets the adviser focus on material weaknesses rather than reading an unsorted message archive.
FAQs
Should I send a demand before speaking to a lawyer?
A clear request can be useful, but do not delay a time-sensitive referral or make legal threats you cannot support. For a complex calculation, settlement or respondent problem, advice first may be safer.
Can I secretly record a consultation with payroll or management?
Recording, privacy and evidential questions depend on the circumstances. Ask for advice before arranging covert conduct, and preserve any existing recording without editing or publishing it.
Should I include tax, UIF and pension complaints in the same amount?
List them separately. They may involve different legal duties, records and institutions. A payroll shortfall should not be inflated with unrelated estimates.
Does acknowledging one payment mean I accepted full settlement?
Not necessarily, but the wording and surrounding facts matter. Record what was paid, what it was allocated to and whether any waiver or receipt was signed.
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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.