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General => General Discussion => Topic started by: rodsswag on August 16, 2015, 06:42:17 PM

Title: Advice on super and wages not paid
Post by: rodsswag on August 16, 2015, 06:42:17 PM

Hi Swaggers,

I am looking for the best way to go about collecting my unpaid super and wages from a previous employer.

Is the ATO the best way to go or something else for the super?

As for the wages I have received emails stating I would be paid with stock and time in lieu of monetary payment.

This was after I left so I could not have time in lieu. And have not received any stock.

Is there anyone who can help or point me in the right direction.

 :cheers:

Rod.....

Title: Re: Advice on super and wages not paid
Post by: JusyApples on August 16, 2015, 06:47:05 PM

try this link mate
https://www.ato.gov.au/Individuals/Super/In-detail/Growing/Unpaid-super/ (https://www.ato.gov.au/Individuals/Super/In-detail/Growing/Unpaid-super/)

Title: Re: Advice on super and wages not paid
Post by: KingBilly on August 16, 2015, 06:51:20 PM

Maybe http://www.fairwork.gov.au (http://www.fairwork.gov.au) has some info and help

KB

Title: Re: Advice on super and wages not paid
Post by: Barry G on August 16, 2015, 07:23:59 PM

Yes, start at Fair Work, or the relevant union if you were a member during your employment.
Superannuation is only required to be lid once per quarter, so if employment ended recently, it could 'legitimately' not be paid in yet.
To the best of my understanding, it would only be lawful to pay you in shares with your agreement.  Likewise with time-in-lieu, if you were still working there.

Title: Re: Advice on super and wages not paid
Post by: rodsswag on August 16, 2015, 07:34:16 PM

Quote from: B&B on August 16, 2015, 07:23:59 PM

Yes, start at Fair Work, or the relevant union if you were a member during your employment.
Superannuation is only required to be lid once per quarter, so if employment ended recently, it could 'legitimately' not be paid in yet.
To the best of my understanding, it would only be lawful to pay you in shares with your agreement.  Likewise with time-in-lieu, if you were still working there.

Thank B&B,

It has been over 6 months now and still not paid, that was my understanding too, so I have given it more time (2 quarters) too see if it was an over site or just not paying.

Title: Re: Advice on super and wages not paid
Post by: Black Diamond on August 16, 2015, 08:25:44 PM

Report it straight to the ATO mate he will Shit bricks when they make the phone call to him  :cheers:

Title: Re: Advice on super and wages not paid
Post by: Nomad on August 16, 2015, 08:36:32 PM

I would also write your previous employer a letter stating your claim and that you have /are about to report to the ATO. If have a solicitor  cc them into it.......That may be enough to prompt a payment.

Title: Re: Advice on super and wages not paid
Post by: listo on August 16, 2015, 09:25:50 PM

Hey mate, I went through fair work Australia. When I was painting, I worked for a bloke for nine months at nearly $6 blow award wage, with no super being paid either. After changing jobs, the other tradies talked me into going down this path as I was fairly young & new to contractor work. I ended up putting nine months of pay slips in & they chased it up & sorted it fairly quickly for me.
Just ring them & ask first, they'll give you all the info you need.
Cheers
Listo