VIC Employer Declaring Bankruptcy?

[Andrewchef1981]

My ex employer got shut down due to not paying rent. We got laid off. He said he's declaring bankruptcy but no papers have been seen.

 

[Lance]

Hi Andrew,

You might need ask a question to get the right answer. Are you are asking how to find out if your employer has actually filed for bankruptcy?

 

[PeanutLuver]

My ex employer got shut down due to not paying rent. We got laid off. He said he's declaring bankruptcy but no papers have been seen.

Are you owed wages money, or superannuation, or redundancy pay, or annual leave pay?

Contact:

FairWork Ombudsman for employee advice.

- www.fairwork.gov.au

You can phone or email for information and advice on any Awards, their legislation. You may make written wage complaint for them to look at. It's federal government - they assess / follow up employee wage complaints for free.

There are national awards and employee conditions, and rules under theIr federal employment laws.

Suggest you check FairWork website and give them a call. Keep copies of any payments and payslips, leave, superannuation, letters, work time records, job duty statement, etc.

 

[PeanutLuver]

If youR employer has gone out of business / bankrupt, or you have been made redundant FWO may also refer you to make an FEG complaint.

Seems its a part of same federal dept - redundancy/employee payments where employer unable to pay used to go to GEERS - but now go through FEG

- www.employment.gov.au

FEG = Fair Entitlements Guarantee

 

[PeanutLuver]

Unpaid Superannuation complaints - go to ATO - so employer need to report unpaid super direct to Australian Tax Office.

 

[PeanutLuver]

Unpaid Superannuation complaints - go to ATO - so employer need to report unpaid super direct to Australian Tax Office.

Typo error - sorry - if you are an employee with unpaid superannuation you make a complaint yourself direct to ATO - in writing is best.

 

[PeanutLuver]

Federal FEG claims group


Fair Entitlements Guarantee (FEG)

Ph 1300135040

 

[PeanutLuver]

My ex employer got shut down due to not paying rent. We got laid off. He said he's declaring bankruptcy but no papers have been seen.

This can take some time - if it does eventually happen - if they are declaring themselves bankrupt they may have to pay a large sum of several many thousand to someone to do this for them.

Best to contact both FWO and FEG.

Maybe contact your superannuation fund and check if you have been paid super also, and how much.

A company / business search on the ASIC website may or may not show if they are / have closed or are in process of being declared bankrupt. You could pay for a $10 / $20 PTY LTD / LTD company search online at ASIC website, but it may not show anything yet. Recommendstions to be declared bankrupt may also show up on ASIC public web pages but probably takes ages & doesn't mean the company will close / go bankrupt.

Don't wait!! - Best to get any claim in with any documents ASAP to Fairwork / FEG, and ATO too if you need.