Quick answer
Ask the lawyer to identify which amounts are legally supportable, test your calculation, confirm the correct employer and forum, separate any dismissal claim, explain the likely defences, and estimate the cost and enforceability of each next step. Bring the source documents and a one-page schedule so the consultation produces decisions rather than a general summary of labour law.
How to use this guide
The most useful questions are conditional: “If this deduction was not authorised, which remedy follows?” is better than “Is my employer wrong?” The aim is to leave with a route, evidence plan and cost boundary.
Questions about entitlement
- Which items are actually due on these facts? Ask the lawyer to classify final salary, annual leave, notice pay, overtime, commission, bonus, severance, deductions and benefits separately.
- What legal source supports each item? The answer may be the BCEA, National Minimum Wage Act, contract, collective agreement, council agreement or another instrument.
- Which unused leave categories are payable? Section 40 addresses specified annual-leave payments on termination; other leave types should not be included without a basis.
- Does the reason employment ended change any entitlement? Resignation, dismissal, retrenchment, expiry, mutual separation and retirement can affect notice, severance and settlement questions.
- Is any amount undisputed? A targeted request for the admitted portion may be possible even while the balance remains contested.
Questions about the calculation
- What remuneration rate and period should be used? Variable pay, overtime, commission and benefits may complicate the arithmetic.
- How should annual leave be reconstructed? Ask which leave cycle, accrual method, days taken and rate must be proved.
- Are the employer’s deductions legally supportable? Request analysis of consent, loss, damage, notice, loan, overpayment, tax and set-off explanations.
- Should the claim be stated gross or net? The referral may need gross entitlement, deductions and actual receipts displayed separately.
- What assumptions should be labelled as estimates? If payroll records are missing, agree on a provisional calculation and a plan to obtain the primary data.
Questions about the respondent and forum
- Which legal entity employed me? This matters where a trade name, labour broker, client, franchise or group company appears.
- Does a bargaining council cover the workplace? Council jurisdiction can displace or shape a CCMA referral.
- Am I eligible for an ordinary section 73A claim? Ask how employment status, the source of the money and the current BCEA earnings threshold apply.
- Would an inspector complaint be useful? Department enforcement may suit a statutory compliance problem, especially where records or broader underpayment are involved.
- Is a court or contractual route more appropriate? Above-threshold, contractual, public-sector or jurisdictionally complex disputes may require another path.
- Does employer insolvency change the strategy? A liquidation, business rescue or closure may alter filing, priority and recovery prospects.
Questions about timing
- What is the earliest deadline in the whole matter? Do not look only at money-claim prescription.
- Is there also an unfair-dismissal dispute? The LRA generally uses a 30-day referral period for dismissal disputes.
- Did an internal appeal change the relevant dismissal date? Give the lawyer both the termination date and the date of the employer’s final internal decision.
- Could correspondence interrupt prescription or amount to an acknowledgement? The effect is fact-specific; do not assume every promise resets time.
- Should a protective referral be made now? Ask what can be filed without prejudicing calculation or settlement work.
Questions about evidence and defences
- What are the three strongest documents? This identifies the core proof chain.
- Which missing record creates the biggest risk? Prioritise the request or disclosure plan.
- What defence is the employer most likely to raise? Possibilities include payment, incorrect leave balance, lawful deduction, wrong respondent, no employment relationship, settlement, threshold or council jurisdiction.
- What fact would materially change your advice? A good answer exposes uncertainty early.
- Which witnesses are necessary, and what can each prove? Avoid a long list of people with no defined role.
- What confidential material should be excluded or redacted? Protect customer, colleague and banking information without compromising the source record.
Questions about settlement and communication
- What should a payment request say—and omit? Ask for a factual draft that does not overclaim.
- Does the proposed exit document waive other rights? Review “full and final” wording against every claim track.
- Can I accept part payment without settling the balance? The answer depends on wording, allocation and surrounding conduct.
- What records should a settlement require? Consider payment date, payslip correction, tax treatment, leave statement, certificate of service and default consequences.
- Which communications should now go through the lawyer? Define the boundary so fees are not spent forwarding routine messages.
Questions about cost and enforcement
- What is included in the first fee? Clarify document review, calculation, written opinion, demand, referral and representation.
- What are the next three likely cost stages? Ask for decision points rather than an open-ended estimate.
- Can costs be recovered? Do not assume a successful employee automatically receives all legal fees.
- Is the amount commercially worth pursuing? Compare claim value, evidence strength, forum cost and employer solvency.
- How would an award or judgment be enforced? A paper victory has limited value if the respondent cannot be located or pay.
- What can I reasonably handle myself? A lawyer may provide a calculation or strategy while you complete an internal request or referral.
What to send before the consultation
Provide the contract or written particulars, recent and final payslips, termination record, leave statement, bank proof, deduction explanation, employer identity, claim schedule and key correspondence. Add a chronology and list missing records. Do not send a full mailbox export unless requested.
Tell the lawyer your gross earnings because section 73A eligibility uses the current threshold for ordinary claims. The Department announced R269,900.90 annually from 1 May 2026, but current applicability should be verified at the consultation.
A useful consultation outcome
By the end, ask for a short decision record containing:
- supported and unsupported claim items;
- the provisional total and calculation gaps;
- the correct respondent and forum;
- the earliest deadline;
- the next authorised communication or filing;
- documents still required;
- expected fees and recovery risk; and
- the point at which strategy will be reviewed.
This turns advice into an executable plan without asking the lawyer to promise a result.
FAQs
Do I need a lawyer to refer a section 73A claim?
Not always. CCMA procedures are designed to be accessible, but advice may be valuable where jurisdiction, calculation, employment status, settlement, a related dismissal or a large amount is disputed.
Will the lawyer calculate my leave balance?
Ask what the consultation includes. Some advisers will test a prepared schedule; extensive payroll reconstruction may be separate work and require additional records.
Should I ask for a guaranteed outcome?
No responsible adviser can guarantee the result. Ask for strengths, weaknesses, assumptions, likely defences and the evidence needed to improve the case.
Can legal fees exceed the unpaid amount?
Yes. Compare the value and collectability of the claim with advice, filing, representation and enforcement costs before choosing a route.
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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.