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Question Details: The company I work for has gone into receivership. I have been issued with a new contract; and have been told that my holiday pay owing under my old contract will not carry over, but is to be paid out as a 'preferential claim'. How can I make the receivers pay me this money owing?
Filed under Employment Law | 1795 View(s)
Community Law Wellington & Hutt Valley
Yes, you are entitled to receive holiday pay as a preferential claim if your employer goes into receivership.
This means that you are a creditor of the company and your claim has priority over unsecured creditors' claims. Your holiday pay will be paid to you after the receivers are paid and after people with certain security interests are paid.
To recover your holiday pay, you should make sure that the receiver knows what you are owed. You can do this by contacting the receiver and lodging a claim with them. The receiver will be able to tell you how to lodge a claim. If you don't know them already, you can find out the receiver's details by clicking here and searching for your employer: www.business.govt.nz.
You can read the Department of Labour's answer to your question by clicking on this link: www.dol.govt.nz.
Answered 5 Nov 2012. The IMPORTANT NOTICE below is part of this answer.
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