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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44903
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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My question is a complex one and deals with a number of

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My question is a complex one and deals with a number of issues relating to my employment and employer (who is now in receivership). Should I start with telling my whole story, or one at a time, it covers possible illegal phoenix activity, non payment of super and annual leave entitlements ?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Victoria
JA: Is the employment agreement "at will," union, full time or part time?
Customer: Full time employment, non union member.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I am currently on work cover and have been for the last 18 months.

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.

Good Afternoon

Have you been terminated by the recveiver?

Have you reported the non payment of superannuation to the ATO

Leon and other Australia Law Specialists are ready to help you
Customer: replied 1 month ago.
I send an email to him 2 weeks ago and he replied on September 14, he stated that I was not on the list of creditors, therefore I was not notified of the proceedings by him or any one connected to my employer. According to the receiver, I will not be able to claim any super owed (many thousands), but I may be able to retrieve some or all of my annual leave entitlements. According to him the company was sold prior to his appointment. I have not contacted the ATO or any else at this stage. This is not the first time the director has gone into receivership he has done this at least on 2 other occasions, without interruption to his business and continnued on under a different family name.

Give me a few minutes

I will call you soon.

Customer: replied 1 month ago.
I was employed by this company for more than 6 years, in February 2016 I was involved in a motor car accident, whilst driving a company vehicle and performing my duties as a "Cash in Transit Security Guard". during my time off, I discovered that they had not been paying my superannuation as required by law. As the owners had been family friends for more than 20 years, I contacted them by phone some 12 months ago , this resulted in them depositing an amount into my super fund, with a promises that they would catch up with the rest. Nothing more has been added. They were the owners of 3 separate businesses at that time, all inter twined under the umbrella of a family trust. (1) silent partners in a news agency, (2) owners of a trampoline park and (3) a security business for whom I was employed.

http://www.aph.gov.au/About_Parliament/Parliamentary_Departments/Parliamentary_Library/pubs/rp/BudgetReview201415/FEG