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Hi, I was made redundant on 21 Dec and was expecting the final payout to be provided in the next pay run a fortnight later. The company then went into Voluntary Administration on 24 Dec and all remaining employees were sent a termination letter on that very day.

My question here is, do I stand in the same priority line as the terminated employees when the Administrator disburses any remaining funds? Am I one step down the line because the Administrator is not responsible for me? Or is this something I CAN take up with Fairwork and claim my rights?

3 weeks ago

Responses

Hi Charissa,
I’m not sure of the legal side. In Victoria, there is a fund that can pay out employee entitlements that are lost when a company folds. I would check if there is a similar fund in QLD and apply for your money through that.
As for where you stand as a “creditor” I don’t know the answer but I’m sure one of the gurus on here will be able to.
Best of luck
Scott

3 weeks ago

Thank you very much for your response Scott. At this stage the company hasn't completely folded yet as it's still under voluntary administration. If it does get liquidated I should be able to claim through a similar fund in QLD but we're not at that stage yet. Just unsure of what or where my status is compared to terminated employees that the Administrator is managing.

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