Employee creditors

All Topics

• If the employee creditor is a director of the company being wound up
  A cap applies to an employee of a company being wound up who was also a company director.
  Mar 01, 2019

• 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

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