Six years ago at the age of 18 years I worked for a small business as a part-time receptionist and earned more than $450.00 per week. I don’t think my employer at that time paid me appropriate superannuation. What can I do?
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.
Answer by Neha Sharma, Hillsdale 2036 NSW
- Under the law an employer must keep records relating to superannuation payments for a period of five years. Since you are concerned with a period more than five years ago it is unlikely your employer has any records relating to your past employment.
- You may still be able to lodge an enquiry with the ATO but you must support your claim with ‘irrefutable written evidence.’ This includes documents such as past pay slips and super fund statements. In absence of this evidence the ATO cannot progress your claim.
- You can contact the ATO on 13 10 20 or lodge an online enquiry on the following website: https://www.ato.gov.au/Calculators-and-tools/Employee-super-guarantee/.
- You may still have other avenues of redress available to you and should speak with a lawyer regarding options specific to your situation.