fairwayskid

Hey All

I worked in a job from May till September. I left as the place was going to the wall. The shutters were pulled down today. I rang my super company today and they said there were no payments made in to my fund from that company.

I lodged a complaint to the ATO. What are my chances of getting what I am owed back now the place has gone to the wall?

I would imagine pretty slim but thought I would ask anyway's

Paddy

chrissystevo

Has the Company gone into liquidation or formal insolvency? If the company is in liquidation your outstanding Super will be paid in priority to other creditors. You can also make a claim to General Employee entitlements and Redundancy Scheme (GEERS). Contact DEEWR for more information.

fairwayskid

The company has done neither yet. They only pulled the shutters today and the lady at Ato advised me to lodge the complaint quick as they may be able to deal with it before the company goes into liquidation.

ABCDiamond

Have a read here:

http://www.ato.gov.au/individuals/co...136.htm&page=3

2 possible reasons, from the above, showing why you may get nothing:

1. as a result of legal action, we have received a court decision telling us that payments owed by your employer can no longer be pursued
2. the cost of us pursuing the unpaid superannuation is higher than the amount owed to you

Bix

Difficult to say without knowing the full circumstances but gut feeling says no chance.

I complained to the ATO 11 months ago and they work at the speed of a snail crawling through molasses.

They are supposed to write to you when various stages are reached - they don't. 9 months later the company went into liquidation so there is little hope of recovering anything.

The ATO jargon looks good but they don't deliver and ultimately have no teeth in this matter. It's a failing of the system.

If it's liquidation the liquidator is first on the list then priority creditors amongst which is employee entitlements and the ATO Super.

fairwayskid

Thanks all

I thought I had very little chance of getting it.


Paddy

fish.01

As someone said GEERS should cover it?

Bix

GEERS does not cover Super.....apart from anything salary sacrificed.

DeadVim

Never left a restaurant without paying ... a despicable act.

ABCDiamond

You may be eligible to receive assistance under GEERS for the following employee entitlements:

http://www.deewr.gov.au/WorkplaceRel...eAssessed.aspx

fish.01

What he said ^^^^

Australia_bound?

I got mine sorted within a month of putting in all the paperwork. So don't give up hope