Information on employee entitlements, including what to do if there is a dispute.


Employee entitlements are the agreed conditions
of your employment They include things like your pay and all
types of leave Including sick leave, annual leave and long
service leave They also refer to employer superannuation
contributions and other benefits A dispute can happen when your employer Fails to meet one or more of the agreed conditions Sometimes an employer isn’t paying you the
agreed amount Or perhaps they aren’t withholding tax or
paying your super It could even be something as simple as not
issuing you a pay slip Often, disputes about employee entitlements Happen when a company is in liquidation Who you should contact Will depend on the type of entitlement you’re
in dispute about And also on the status of the company For example, is it still operating In liquidation or is it abandoned If the company is still operating And your dispute is about an unpaid wages,
leave or workplace entitlements You should contact the Fair Work Ombudsman If the company is operating And your dispute is about failure to withhold
tax Pay super or issue pay slips You should contact the Australian Tax Office Put simply liquidation is the process by which
a liquidator Sells a company’s assets, pays its debts And closes or deregisters the company If the company is in liquidation the liquidator
should contact you Any concerns you have should be reported to
the liquidator You can also check on ASIC Connect to see
if a company is in liquidation Depending on when the liquidation commenced You may be able to claim unpaid entitlements This can be done through the Fair Work Entitlement
Guarantee Or the General Employee Entitlement and Redundancy
Scheme If you think the company is no longer carrying
on a business You can submit an online report form for ASIC
to wind up the company There are certain criteria that must be met Before we will decide to wind up a company We will consider each request to see if it
meets the criteria If we decide to wind up a company You may then be able to claim your entitlements Through the Fair Work Entitlement Guarantee Follow the links on the ASIC website at Where
ASIC can Help Our role in disputes about employee entitlements Is generally aimed at punishing misconduct Rather than recovering individual entitlements If a company has been abandoned and employees
are owed entitlements ASIC does have the power to wind up that company It is important to note that this doesn’t
happen in all situations There must be enough evidence that the company
is abandoned And winding it up helps employees access entitlements If we decide not to wind up the company You can apply to the court for an order to
have it wound up You should seek private legal advice about
this process

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