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Worried About Your Unpaid Super from Your Employer?


If you’ve been keeping up with us, in our last blog, we explored the ins and outs of superannuation, highlighting how Australians can leverage super to their tax advantage. 

This time, we dive deeper into a critical issue: what to do if you suspect your employer hasn't paid your full super entitlements. 

Ensuring you receive your rightful super contributions is vital for your future financial security. 

Here’s a comprehensive guide on the steps to take and other ways to claim unpaid super.

Steps to Take if Your Super is Unpaid

1. Check Your Super Statements

The first step is to verify your super contributions. You can do this by checking your superannuation fund statements, which are typically provided quarterly or annually. These statements detail all contributions made by your employer.

2. Log Into Your MyGov Account

Another way to check your super payments is through your MyGov account. Link your account to the Australian Taxation Office (ATO) and access the details of your super contributions. This online tool provides a comprehensive overview of all contributions made by your employer.

3. Review Your Payslips

Your payslips should also show superannuation contributions. Ensure that the amounts match the super contributions listed in your super fund statements and MyGov account.

4. Speak to Your Employer

If you notice discrepancies, the next step is to approach your employer directly. Sometimes, unpaid super can result from administrative errors or delays. Have a conversation with your employer to understand why the contributions haven't been made and when they plan to rectify the issue.

5. Keep Records

Maintain a record of all communications with your employer regarding unpaid super. This documentation can be crucial if you need to escalate the matter.

Escalating the Issue

If speaking to your employer does not resolve the issue, you can take further steps:

1. Report to the ATO

The ATO is responsible for enforcing superannuation guarantee laws. You can report unpaid super by lodging an enquiry with the ATO. The ATO will investigate your claim and take necessary actions against the employer if they are found non-compliant. You can lodge your enquiry online through the ATO's website or by contacting them directly.

2. Seek Assistance from Fair Work Ombudsman

The Fair Work Ombudsman (FWO) can provide advice and assistance regarding workplace rights, including unpaid super. While the FWO does not directly handle superannuation disputes, they can guide you on the best steps to take and ensure your workplace rights are upheld.

3. Engage a Financial Advisor

If you are unsure about the superannuation system or need help understanding your rights, consulting a financial advisor can be beneficial. They can provide professional advice and assist in resolving unpaid super issues.

Other Ways to Claim Unpaid Super

1. ATO Compliance Activities

The ATO conducts regular compliance activities to ensure employers meet their superannuation obligations. If your employer has failed to pay super, the ATO can use these compliance measures to recover unpaid amounts. You may not need to lodge a formal complaint in some cases, as the ATO may already be investigating your employer.

2. Industry Super Funds

Some industry super funds offer assistance in recovering unpaid super. Contact your super fund to see if they provide support services for members facing unpaid super issues.

3. Legal Action

In extreme cases, you might consider taking legal action against your employer to recover unpaid superannuation. This step is usually a last resort and should be taken with legal advice.

Parting Thoughts: Take Control of Your Superannuation Today

Unpaid superannuation can significantly impact your retirement savings, so it's essential to address any discrepancies promptly. 

By checking your super statements, speaking to your employer, and seeking help from the ATO or other bodies, you can ensure that you receive your full entitlements. 

If you need more detailed information or specific advice, visiting the Australian Taxation Office's website.  

If you have concerns or need specific advice, our team of experts is here to help. Call us today at 02 9411 5422 for personalised assistance and guidance on recovering your unpaid super. 

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