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I finished working for a company (left on good terms) and

enquired as to my superannuation...
I finished working for a company (left on good terms) and enquired as to my superannuation which had not been paid and advised by the secretary (on several occasions) that is was going to be paid. After several months and again with promises of the super being paid I called the ATO and discussed my concerns / complaint with them. The ATO took all details relevant to the matter and then lodged a notice on my behalf which was finalised by that office on or about the 27th July 2016, then handed the file over to the debt collection department to further chase this matter. I was advised that all monies including interests on the outstanding funds would be included in the recovery procedure and have heard virtually nothing whatsoever over the last 13 + months regarding the status of my claim. Due to comments made by several personnel i had a feeling that matters were not going well with the company, therefore i called the ATO to be advised that yes the company went into administration on August 25th 2017. I spoke with the ATO on 07:09:17 and was advised that a letter with Administrators details had been sent out, however those papers as yet have not been received by our accountant. The conversation with ATO recently gave me very little confidence that they will be successful in collecting those entitlements, however were very guarded because of the privacy act. With a clear lack of confidence in the above have i a right to take legal action against a director (s) of the company to recover what is legally mine.
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: South Australia
JA: Has anything been filed or reported?
Customer: Yes I have all details including the initial contact persons name at the ATO whom I spoke with recently and who advised as to the company being placed into administration. This person also gave me the ATO collection office # to call to discuss my complaint.
JA: Anything else you want the lawyer to know before I connect you?
Customer: At the moment no as I need to be confident as to my next transaction
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Answered in 5 minutes by:
9/12/2017
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 45,109
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Hi, I am Leon, a NSW Solicitor. I will be assisting you with your question. If you choose a telephone call, you will be charged an additional fee.

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Good Evening

It is not an easy question to answer.

If the company becomes insolvent you become a creditor and you will get something if there is money available when when the business is sold up.

Here is some information for you.

https://www.ato.gov.au/tax-professionals/your-practice/insolvency-practitioners/superannuation-and-insolvency

The directors are not personally liable for the super unfirtunately

I hope this makes sense and is of assistance. If you wish a phone call please elect for one but be aware it will be an additional fee. If there is nothing further thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards
Leon

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Customer reply replied 2 months ago
Whilst I am extremely disappointed with your answer it is as anticipated that directors and senior management are not held absolutely accountable for their lack of responsibility and requirement to the law of the land. The government ATO department also has a large black mark against their name for demanding that businesses by law must / shall provide those superannuation funds enabling individuals to use their super in retirement relieving the requirement to live of tax payers monies, especially when from my point of view that a complaint (mine) has been registered for over 13 months outstanding. Lastly the (albeit leeches) Administrators, Receivers or Liquidators will get their monies with the government standing by and allowing the rest of the creditors to get perhaps a cent or two in the dollar. Whilst I am only a small request in this whole affair (and there are many other complainants) it appears as though the government is not prepared to open avenues to directly prosecute any / all individuals in matters such as this. I thank you for taking the time to answer my above question.

Good Morning

I completely understand and I fee the same that the ATO is failing in its role and the governments fails to do something about it.

All the best and good luck

Regards

Leon

Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 45,109
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified
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Leon
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 45,109
45,109 Satisfied Customers
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

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