Australia Law

Have Australian law questions? Ask a lawyer now.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

My question is a complex one and deals with a number of

My question is a...

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 ?

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Victoria

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Full time employment, non union member.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I am currently on work cover and have been for the last 18 months.

Show More
Show Less
Ask Your Own Australia Law Question
Answered in 14 minutes by:
9/18/2017
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,719
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified

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.

Ask Your Own Australia Law Question

Good Afternoon

Have you been terminated by the recveiver?

Have you reported the non payment of superannuation to the ATO

Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,719
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified
Leon and 87 other Australia Law Specialists are ready to help you
Ask your own question now
Customer reply replied 10 months 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.
Phone call session started

Give me a few minutes

I will call you soon.

Ask Your Own Australia Law Question
Customer reply replied 10 months 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

Ask Your Own Australia Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a solicitorLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Leon Your Own Question
Leon
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,719
46,719 Satisfied Customers
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

Leon is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Deborah Awyzio

Deborah Awyzio

Solicitor

863 satisfied customers

Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience

Sean

Sean

Experienced lawyer

855 satisfied customers

Law degree with 1st class honours from Australian National University.

James G.

James G.

Lawyer

17 satisfied customers

Australian Legal Practitioner

Darren Kruse

Darren Kruse

Solicitor

16 satisfied customers

Practising in in Personal Injury, Workcover, Civil Disputes, Family, Wills and Estates and Criminal law.

Leon

Leon

Solicitor

46,719 satisfied customers

BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

Daniel

Daniel

Solicitor

5,940 satisfied customers

Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court

John Melis

John Melis

Lawyer

3,106 satisfied customers

Principal Lawyer at Legal AU Pty Ltd

< Previous | Next >

Related Australia Law Questions
I work for a medicolegal consulting company. There is a team
Hello, I work for a medicolegal consulting company. There is a team of 18 transcriptionists who are not paid super or annual leave. They have no other income and work almost full time hours. Should th… read more
John Melis
John Melis
Lawyer
Diploma In Law
3,106 satisfied customers
My son has just left employment for a new job giving full
My son has just left employment for a new job giving full notice of intention to leave after 5 years employment and completing a trade course in welding fabricating. On day of leaving he has been told… read more
John Melis
John Melis
Lawyer
Diploma In Law
3,106 satisfied customers
We had a full time employee that we terminated due to breach
We had a full time employee that we terminated due to breach of contract. When he finished his annual was in negative by 17.2 days therefore we want to know is he still entitled to 4 weeks severance p… read more
John Melis
John Melis
Lawyer
Diploma In Law
3,106 satisfied customers
Can an employer refuse an employee from utilising the
Can an employer refuse an employee from utilising the entitled number of days of annual leave? … read more
John Melis
John Melis
Lawyer
Diploma In Law
3,106 satisfied customers
I was a member of a Superannuation Fund for ANZ staff. the
I was a member of a Superannuation Fund for ANZ staff. the insurance I had within the super fund was cancelled when I withdrew some funds. Although the cancellation was covered in the PDS I was not gi… read more
Leon
Leon
Solicitor
Master's Degree
46,719 satisfied customers
My son passed away in September his employer tried to put
my son passed away in September his employer tried to put his 1/4 super in by due date and money bounced back to his account. I have called many times and have been told both my sons accounts are inac… read more
John Melis
John Melis
Lawyer
Diploma In Law
3,106 satisfied customers
I am just wondering whether an employee can be stood down on
I am just wondering whether an employee can be stood down on full pay by an email that was sent after work hours … read more
Daniel
Daniel
Solicitor
Bachelor's Degree / Graduate Diploma
5,940 satisfied customers
How do you find case law on discrimination and victimisation
How do you find case law on discrimination and victimisation on the basis of employment and industrial activity … read more
Havenlawyer
Havenlawyer
2,531 satisfied customers
I have been employed at the Bendigo and Adelaide Bank from
I have been employed at the Bendigo and Adelaide Bank from 2002-2008 as a full-time Customer Service Officer, Customer Relationship Officer and Supervisor. I resigned May 2008 to pursue another opport… read more
Leon
Leon
Solicitor
Master's Degree
46,719 satisfied customers
Hi, I am a payg employee on wages. I am paid a annual bonus
Hi, I am a payg employee on wages. I am paid a annual bonus for the number of weeks relating to the weeks worked without taking sick leave. My employer calls it an attendance bonus. The question I hav… read more
Leon
Leon
Solicitor
Master's Degree
46,719 satisfied customers
I have been employed on a contract for services basis, being
I have been employed on a contract for services basis, being annually renewed with continuous (no gaps) employment by the same employer for 10 years, full time (>38 hrs per week). I have a formal p… read more
James D. Ford
James D. Ford
Lawyer
1,600 satisfied customers
I worked in Australia for about a year, this was two years
I worked in Australia for about a year, this was two years ago. I am a us resident and have been back in US for two years, I forfeited my temporary residency visa. I would like to get what I paid into… read more
James D. Ford
James D. Ford
Lawyer
1,600 satisfied customers
Hi there, Im a full time employee of a Sydney based small
Hi there, I'm a full time employee of a Sydney based small construction/demolition/rubbish removal company since September 2007. My duties are - truck driver, labourer, bonded asbestos removal supervi… read more
Sean
Sean
Experienced lawyer
Bachelor of Law with First Class Honours
855 satisfied customers
i have not been paid my superannuation for the last 18 months,
i have not been paid my superannuation for the last 18 months, was under award paid for the last 3 years, the shortfall on the wages was rectified in full but still waiting ( more than 30days given by… read more
Havenlawyer
Havenlawyer
2,531 satisfied customers
Good afternoon I am hopeful you may be able to assist. We
Good afternoon I am hopeful you may be able to assist. We are a company that has gone into a forced receivership and as Director from day one I realise I am only entitled to claim $1500.00 for annual … read more
Alex
Alex
Lawyer & Solicitor
Master
11,225 satisfied customers
I have a question in regards XXXXX XXXXX service leave. I started
I have a question in regards XXXXX XXXXX service leave. I started working for this company ( a Local Government) in 1999 through an employment agency. After about three years I was forced to change to… read more
Leon
Leon
Solicitor
Master's Degree
46,719 satisfied customers
What is the current leave that a person gets for being 10 years
What is the current leave that a person gets for being 10 years service. We are a small company of 12 employees.… read more
D. Coleman
D. Coleman
Solicitor
Bachelor\u0027s Degree
795 satisfied customers
Hi currently employed on the basis of 9 to 5 annual $30,000
Hi currently employed on the basis of 9 to 5 >annual $30,000 f/t + comm plus he agreed to pay additional 3 hrs for sat mornings 9 to 12 working as a rainwater tank salesman .To date employer has no… read more
Maurice
Maurice
Lawyer
Master's Degree
1,980 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x