How Can Overtime Be Proven?

The most common issue in overtime pay disputes is how the hours actually worked can be proven. The law allows an employee to rely on more than one type of evidence for this purpose.

Who Bears the Burden of Proof?

An employee claiming overtime bears the burden of proving that claim. However, the employer is also required to produce records kept at the workplace, such as time sheets and entry-exit logs; if the employer fails to produce these, the evidence submitted by the employee may be assessed more favourably.

What Evidence Can Be Used?

An overtime claim is not limited to a single type of document and can be proven through various forms of evidence:

• Written records — Entry-exit logs, signed time sheets, email and message correspondence.
• Witness testimony — Statements from colleagues who worked at the same workplace during the same period.
• Expert examination — A report prepared at the court's request, reviewing the workplace's working arrangements and available records.

The absence of a single type of evidence does not mean the case will be lost; the court weighs all the evidence together.

Is There a Different Standard for Senior Managers?

For senior managers who have sole authority to run the workplace and can set their own working hours, proving an overtime claim is subject to closer scrutiny; their actual job description and the authority they genuinely exercise are examined in concrete terms.

Practical Tips

Keeping a regular record of the days and hours you worked overtime, and any witnesses present, significantly eases the burden of proof in any future case. We recommend safely retaining any written records (emails, message logs) you have before your employment ends.

This article is provided for informational purposes only and does not constitute legal advice. Please contact our team regarding your specific situation.