Quit Job, Getting Ex-Exployer to pay Super and Wage Differences

I finally quit my job of 4.5 years. I'm chasing up my ex-employer to pay superannuation, which apparently by law needs to be paid quarterly. She has been paying it all as a lump sum at the end of July or so. I've reported her to fairwork but not sure how long this process takes? And any chance I can get paid with the lost interest?

My ex-colleagues are also chasing her up on wages that were not paid with the correct loading - holiday loading, overtime and double time and weekend loading. Countless emails sent but still has not been paid. What avenue can she pursue? She is no longer working at the pharmacy either. We calculated it to be about $4-5k owing.

Yes, I wasn't actually aware that super needed to be paid quarterly until around a year ago. Still have a lot to learn about pay, but sometimes you trust the employer to do the right thing - which all my past employers have in the past. I have emailed and messaged the boss countless times, all the time she made the excuse she can't afford it and would have to reduce my hours to pay for super.

I finally found a new job that I am happy with so am just chasing up all these payments that she owes me and my colleagues. Looking into legal aid NSW and getting a lawyer?

Comments

  • +1

    I've reported her to fairwork but not sure how long this process takes?

    You could call Fair Work and ask them, but it appears that they first have to decide whether to act on your complaint, then they need to conduct an investigation, then they need to decide whether to issue a notice, then the employer gets at least 14 days to comply with the notice, and so on. It doesn't sound like it's a fast process.

  • My ex-colleagues are also chasing her up on wages that were not paid with the correct loading - holiday loading, overtime and double time and weekend loading. Countless emails sent but still has not been paid. What avenue can she pursue? She is no longer working at the pharmacy either. We calculated it to be about $4-5k owing.

    I'm confused about this part. If appears that your ex-employer is female, and before this paragraph, it seems that when you say "she" you are referring to your ex-employer.

    But in the paragraph I quoted above, you say "what avenue can she pursue" which doesn't sound like you're talking about the same "she". Also, the paragraph starts wity "ex-colleagues" which usually means more than one. Is the "she" one of these ex-colleagues?

    Your ex-colleagues can all pursue the same avenues as you. Contact Fair Work and/or take private legal advice and/or private legal action.

    I suggest you first contact Fair Work again and talk to the investigator assigned to your case about your options. If there are multiple employees with the same problem, they should all make their own complaints to the Fair Work Office.

  • +3

    Reporting it to the ATO is probably a bit more nuke from orbit style

    https://www.ato.gov.au/individuals/super/growing-your-super/…

  • You don't need a lawyer to claim backpay through the small claims court. You will however need evidence (pay slips, time sheets and bank statements). https://www.google.com/url?sa=t&source=web&rct=j&url=http://…

    First you need to calculate exactly what you are owed. Let the employer know that you are seeking X amount by X date. If they don't comply then you intend to lodge in court to get back what is rightfully yours.

    In terms of the holiday loading and penalty rates, were you paid a salary or above minimum wage to offset these or just at the minimum hourly rate for all hours worked?

    It's pretty straight forward to report your super issues to the ATO https://www.ato.gov.au/calculators-and-tools/report-unpaid-s…

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