Recovering money that your employer owes you can be difficult. Here’s how to increase your chances.
Unfortunately, employers do not always pay the money they are ordered to pay. Sometimes employers try to get out of making payments by putting the company into liquidation or closing the company down.
You can set up an ‘alert’ for the employer’s company on the Companies Register. The alert will give you notice if the directors don’t file annual returns or if they are taking other actions to close the company. You can also raise an objection with the Companies Office if the directors try to get the company removed from the Companies Register.
You can join a company director or other ‘person in charge’ of the company into your employment claim. Talk to your community lawyer about how to do this. This will allow you to try to recover money from this ‘person in charge’ who was responsible for your conditions of employment or for making sure you were paid correctly. If the company is in liquidation, you will need the liquidator’s approval to continue with your claim against the company. Sometimes, there may not be any money remaining to pay former employees what they are owed.