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My son has just left employment for a new job giving full…

My son has just...

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 he is not entitled to a reference of any kind, as they dont give them and there is some discrepancy as to the amount of super owed but not paid to him. The company say they are going through an audit so they cannot help at the moment this has happened to other members of staff in the past, advise on next move as i wish to call in to speak to them on this matter.

Lawyer's Assistant: Was this discussed with a manager or HR? Or with a lawyer?

This was discussed with a manager of the company.

Lawyer's Assistant: Is the workplace "at will" or union? Is the job hourly or salaried?

No union and on salary

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

None thank you Pearl

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Answered in 5 minutes by:
3/19/2018
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,568
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified

Hi, my name is***** solicitor in Melbourne. Thank you for using Just Answer, and I will answer your question today, and ask various questions to narrow the issues in your post raised.

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Customer reply replied 5 months ago
Hi John just to let you know we are in Brisbane Qld i look forward to your reply.
Regards ***** *****

all your son needs to do is notify the ATO and they will commence an investiagtion into the company in relation to the super than is unpaid.

the ATO is very forceful on these matters to protect the employee.

your son will get his super due.

does this answer your important question today ?

Ask Your Own Australia Law Question

you son can use the following link:

https://www.ato.gov.au/calculators-and-tools/report-unpaid-super-contributions-from-my-employer/

If you need any further information please let me know

You can come back to this post any time to ask questions and there will be no further charges to you.

Don't for get to rate me for 5 stars as this supports me helping the community and thank you for using Just Answer.

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Customer reply replied 5 months ago
Hi John there is still the question of not giving a reference saying they dont give them?.

the employer in today's society is not legally required to give a written reference of employment.

John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,568
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified
John Melis and 87 other Australia Law Specialists are ready to help you
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Customer reply replied 5 months ago
Many thanks. 5 stars

you are most welcome

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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).

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