Claiming Wages and Salaries from Your Department of Employment

Once your employer has become insolvent, you should forward your claim for unpaid salaries and wages to the liquidator, receiver or trustee. If no claim is made by the liquidator, receiver or trustee within six months or if no liquidator, receiver or trustee has been appointed, you should claim direct to the department of employment.

What you can claim:

1. Arrears of pay up to a certain maximum a month for a period not exceeding two months. This payment include:

(a) Salaries and Wages

(b) Commission and overtime payments

(c) Guarantee payments

(d) Medical suspension payments

(e) Payment for time off work

(f) Statutory sick pay payment

(g) Payment under a protective award

2. Holiday pay up to a certain maximum a month for up to a 45 days due with 12 months

3. Payment in lieu of notice up to a certain maximum a month for up to three months less any remuneration or social security benefits paid during the said period.

4. Any unpaid basic award of compensation made by an industrial tribunal

5. Any reasonable reimbursement of apprentice or articled clerks’ fee

6. Unpaid employer’s contribution to occupational pension scheme

Eligible for Payment

Employees who are not eligible for payment:

1. Wife(s) or husband of the employer

2. Registered dock workers

3. Shore fishermen

4. Employees who ordinarily work outside the country

5. Merchant seamen.

Once your employer has become insolvent, you decide to seek reimbursement of Wages and Salaries out of the redundancy fund.  If so, you should request from the liquidator, receiver or trustee a form which you should fill and complete. Once the form is completed, the liquidator, receiver or trustee will calculate your entitlement and prepares a claim which will be forwarded to the department of employment. If the claim includes payment in lieu of notice, a supplementary application form must also be completed. The claim is then assessed and if approved, payment is made direct to you.

If you decide to seek reimbursement out of the redundancy fund, you should request from the liquidator, receiver or trustee a form which you should fill and complete. Once the form is completed, the liquidator, receiver or trustee will calculate your entitlement and prepares a claim which will be forwarded to the department of employment. If the claim includes payment in lieu of notice, a supplementary application form must also be completed. The claim is then assessed and if approved, payment is made direct to you.

Industrial Tribunal

If your application is rejected or your claim is reduced, you can submit a complaint to an industrial tribunal within three months. If the tribunal feels that your claim should be satisfied in full, it will make a declaration to that effect, and will state the amount that ought to be paid.

Redundancy Fund

Should you experience difficult pressing a claim through the liquidator, receiver or trustee, you may seek assistance of the department of employment as they may accept a direct claim for payment out of the redundancy fund.

Payments out of Your Employer’s Assets

Any balance outstanding after payment from redundancy fund can be pursued as a direct claim against your employer’s assets.

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