Hi there, recently I have noticed that the company I work for has not being paying superannuation payments on time off in lieu (TOIL) cashouts.
My contract does not include any overtime, or overtime rates for TOIL, it states that in the case of RDOs or hours worked beyond my normal hours, if I work 1 hour, I will recieve 1 hour TOIL. I am then encouraged to cash this out.
I have questioned them on this but the initial answer was super is not payable on TOIL cashouts. I then did some research and found another community topic here that directed me to paragraph 33 of the SGR2009/2 which i have sent through to them, but have not recieved a response for a few weeks now.
Firstly, am I correct in thinking Super should be paid on this TOIL as it's OTE?
Then secondly, do you have any advice on how I should proceed with this? It has been happening for over 12 years now and I suspect about 25 staff are affected.
Thanks,
Spanner.
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