Quote Originally Posted by Fabsteel View Post
Hi
Quick question i have since left the company back in March and upon checking my super account in May found they hadn't paid it still.
I asked the directors what was going on one replied that they were balancing the super still and it would be paid shortly.
there is a salary sacrifice in this super payment also.
I thought it had to be paid within 28 days on the end of month for salary sacrifice and the last date for the quarter super was 28/04/2015.
Is there anything i can do other than keep emailing or is my only avenue to get the Ato super involved??

none of the other employees have had theirs paid either upon checking their accounts...
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"Balancing the Super" is hokey pokey - Super is calculated in most payroll systems automatically after each pay so not sure what they are balancing here other than their ability to pay it vs something else!

Employers must pay in Super at least each quarter (some may do it monthly of course). Failure to honor the quarterly deadlines of 28/1, 28/4, 28/7 & 28/10 can mean penalties applied by the ATO - up to $500 plus a % of the shortfall. Information on this can be found at
http://www.legalsuper.com.au/sites/l...-1july2014.pdf


Keep in mind however that if your ex-employer has used the ATO as a clearing house (ie ATO is sent all the super and they then relay to the respective Funds), I'd allow a couple of weeks for this.

Further, under the FW Act, there are requirements in relation to information included in Pay Advice Slips [PAS] which includes the amount of super and the name of the fund it's going to. You should check your final PAS for your final super total. I also recommend calling your Fund as well (again). If you have done all this, next step is to contact the ATO - their Superannuation Line number is 131 020. You will need to have the ABN of your ex-employer and I'd be asking when their last payment came in.

You could, before calling the ATO, call your ex-employer back, explain there is unpaid super, inform them of the penalties for not paying this on time, set a demand date you want it paid - allow a week perhaps - and advise if not paid by that date, you will be making a complaint to the ATO and are they aware of the penalties for non compliance. Follow up any verbal discussion with your ex-employer with written confirmation so you have a record.

This link https://www.ato.gov.au/Individuals/S.../Unpaid-super/
actually gives you a step by step what to do which might help.


Good luck with this
Tiger