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Category: Australia Law
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Experience:  Dip Law LPAB - Sydney based lawyer
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I have worked for my employer since September 2012, as a casual

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I have worked for my employer since September 2012, as a casual driver doing between 25 and 45 hours weekly. Because of cutbacks, I was dismissed via email last Saturday with 24 hours notice. Although superannuation payments have been listed on every pay slip, accumulating to nearly $3000, not one cent has been paid into my super fund. An email this week requesting details as to when it will be paid has met with no response. What can I do to get my entitlement? George Field Cairns Qld.
Submitted: 11 months ago.
Category: Australia Law
Expert:  replied 11 months ago.
Hello and thank you for your question.

The ATO is the right authority to complain to and should act if your employer has failed to pay superannuation as required. An employer's obligation to pay superannuation is explained here, and you can refer this link to your employer if you think it will help him address his failure:

http://www.ato.gov.au/Business/Employers-super/

The following link sets out the process for dealing with an issue with your employer if you think your super has not yet been paid.

http://www.ato.gov.au/Individuals/Super/Compulsory-employer-contributions/Checking-that-your-employer-is-paying-the-correct-super/

As per the ATO's previous advice to you, the first step is to check with your employer. Doing so in writing will allow you to show the ATO that you have attempted to resolve the matter with your employer, after which the ATO should be willing to assist you.

The following link may also assist you to understand the process and your rights:

http://www.fairwork.gov.au/media-centre/latest-news/2012/05/Pages/20120521-superannuation.aspx

I trust the above assists.

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Thank you and good luck.

Patrick

Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 4518
Experience: Dip Law LPAB - Sydney based lawyer
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