Made redundant and owed $50K by the company

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Sinjun

Member
21 March 2024
2
0
1
Hello;

I was made redundant in January.

The company had not paid me since October, and owe me, including lieu and outstanding holiday, $50K.

The company has < 5 employees, is cash strapped and unable to pay many of its bills, including other current and past employees.

What should I do?, am I able to claim through fairwork? Does the company need to be made insolvement?

thankyou

-SJ
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
7,733
1,056
2,894
www.hutchinsonlegal.com.au
See a lawyer, or make a report to the FW Ombudsman.

Advantage of Ombudsman - Free
Disadvantage - if it does act against your employer its actions might be enough to push it into administration/liquidation.
 

Sinjun

Member
21 March 2024
2
0
1
Thanks Rod;

I am figuring the only way I will see this money is IF the company is put into administration, then I am able to claim unpaid salary through the Fair entitlements guarantee.

I am wondering how long it takes for the liquidation to occur if fairwork get involved, since I see there is a 6 month time frame for FEG to be lodged.

many thanks

SJ
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
7,733
1,056
2,894
www.hutchinsonlegal.com.au
Can take years.

Suggest sending a demand letter detailing what is owed so your claim is at least on record.