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16 Jan 2024

my employer hasn't paid our salary for a few months and super for 1 year plus.


seeking help on what to do.


superannuation: ato is already engaged. they are making the employer personally liable for it.

question: when will i get my money back?


salary: 

alr contacted 2 lawyers who advised different strategies, one told me to sue (but the enforcement is practically nill ) the other told me to go to court.


another problem, the employer (a company) does not seem to have any asset (they are highly likely to be insolvent already).


so i want to avoid the employer (the comp) from folding because i think that employee entitlements will come last, after ato and secured creditors.  


does anyone have any advice on what to do to recover my salary?


tia

1,350 views
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1,350 views
3 replies

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PayrollDeanne(Taxicorn)Taxicorn
16 Jan 2024

I'm sorry to hear that, @UnpaidEmployee 🫢


Contact the Fair Work Ombudsman for assistance - this is exactly in their wheelhouse!


Deanne

17 Jan 2024

Fair Work doesn't want to pick up the case, as his is not award wages.

They advised to go to court for this.


How about unpaid super?

how long is ATO process to issue DPN and for the unpaid super to be recovered?

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Unpaid Super and Salary | ATO Community