Employee creditors

All Topics

• When does an employee become a creditor?

  A person or company becomes a creditor when money is owed to them.
  Mar 01, 2019

• What action can an employee creditor take against you?

  An employee creditor can lodge legal claims against you.
  Mar 01, 2019

• Breach of a civil remedy provision

  An employee creditor can seek remedies for breach of a civil remedy provision.
  Mar 01, 2019

• What penalties can you face for breaching a civil remedy provision?

  If you are found to have breached a civil remedy provision, you can face two types of penalties.
  Mar 01, 2019

• Breach of contract

  If your legal obligation to pay an employee is in the employment contract, you may be liable for breach of contract.
  Mar 01, 2019

• Statutory claim

  The employee may apply to an eligible court for an order that you pay the amount you owe plus interest.
  Mar 01, 2019

• When might you need to pay the employee’s legal costs?

  You may need to pay the employee’s legal costs for these reasons.
  Mar 01, 2019

• Small claims procedure

  An employee can try to recover what you owe them through a small claims procedure.
  Mar 01, 2019

• Safety net contractual entitlement

  If the money you owe is a safety net contractual entitlement, the employee can recover the amount, a penalty and interest through court.
  Mar 01, 2019

• Creditor’s statutory demand

  If an employee is owed an undisputed $2,000 or more, a creditor’s statutory demand may be used to recover the debt.
  Mar 01, 2019