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Unpaid Superannuation

Protecting Your Entitlements. Securing Your Future.

Securing Your Retirement and Insurance Benefits

Unpaid superannuation is money you’ve earned but haven’t received, affecting your retirement savings and potentially crucial insurance benefits. If you suspect your employer hasn’t been paying your super correctly, Foye Legal can help you recover what you’re owed and protect your future security. In these important financial matters, the right lawyer is everything for achieving the best outcome in challenging times.

Unpaid Super – Protect Your Entitlements

Unpaid superannuation is money you’ve earned but haven’t received. Beyond affecting your retirement savings, unpaid super can also result in the loss of important insurance benefits tied to your super fund, such as death or disability cover.

If you suspect your employer hasn’t been paying your super correctly, Foye Legal is here to help. Our expert employment lawyers can assist you in recovering your unpaid super and, where applicable, claiming compensation for lost insurance benefits.

What Is Unpaid Superannuation?

Australian law requires employers to pay a percentage of an employee’s income into a superannuation fund at least every three months. This percentage, known as the Superannuation Guarantee, is currently 11% (as of July 2023).

From 1 July 2022, all employees are entitled to super contributions regardless of how much they earn. Starting 1 January 2025, intentionally underpaying superannuation may constitute a criminal offence.

Unpaid super is essentially income you earned that your employer failed to deposit into your super account, potentially depriving you of significant retirement savings and insurance benefits.

Why Is Recovering Unpaid Super Important?

Protect Your Retirement Savings

Unpaid super affects the growth of your superannuation fund, potentially costing you tens or even hundreds of thousands of dollars in lost future income.

Access Insurance Benefits

Super funds often include insurance coverage for death or disability. If unpaid super leads to a loss of this coverage, it could result in significant financial consequences for you or your family in the event of illness, injury, or death.

Act Quickly to Avoid Missing Out

Employers are only required to keep records for five years. Delayed action may limit your ability to recover unpaid super if records become inaccessible.

If you suspect unpaid super, it’s crucial to take steps immediately to protect your rights and entitlements.

Steps to Claim Unpaid Super

Check Your Eligibility:

Review Your Super Statements and Payslips:

Raise the Issue with Your Employer:

Report to the ATO:

We’re in this together

If you’re concerned about unpaid super or missing insurance entitlements, don’t wait to take action. Contact Foye Legal for clear, confident advice and the support you need to recover what you’re owed and secure your financial future.

WorkingWith Your Lawyer: Your Essential Toolkit

Seeking legal assistance early gives you control over your situation, helping you avoid complications and manage costs effectively. This guide provides practical tips, checklists, and key insights to help you confidently navigate legal processes to secure the best possible outcome.

What To Expect From Your First Consultation With Us

Your first consultation is vital in safeguarding your interests and laying the foundation for the best possible outcome. At Foye Legal, we value the trust you place in us and are committed to providing clarity, strategy and unwavering support from day one.

unpaid superannuation

FAQs

Under Australian law, employers must pay superannuation guarantee (SG) contributions of at least 11% of your ordinary earnings (as of July 2023) into your nominated super fund. These payments must be made quarterly and on time. If your employer fails to pay, they may be subject to penalties from the Australian Taxation Office (ATO).

To check if your super is being paid:

  • Review your payslips – They should show super contributions.
  • Check your super fund account – Log in online or call your fund to verify deposits.
  • Contact the ATO – If you suspect non-payment, the ATO can investigate on your behalf.

If you believe your employer hasn’t met their super obligations:

  • Raise the issue with your employer – Sometimes, missed payments are due to administrative errors.
  • Check with your super fund – They can confirm payments and advise if anything is missing.
  • Report unpaid super to the ATO – You can lodge a complaint with the ATO, which can investigate and recover unpaid super.

Yes, if your employer has failed to meet their superannuation obligations, you may be able to pursue legal action for lost entitlements. Foye Legal can:

  • Advise you on your rights and options.
  • Assist with lodging a formal complaint with the ATO or Fair Work Ombudsman.
  • Represent you in negotiations or legal proceedings if necessary.

Employers who fail to pay super face serious consequences, including:

  • Super Guarantee Charge (SGC): Additional penalties and interest on unpaid amounts.
  • Legal action: Employees or the ATO can pursue unpaid super claims.
  • Disqualification as a company director: Serious breaches can result in bans from managing companies.

At Foye Legal, we help employees recover their rightful superannuation and hold employers accountable.

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