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Regulations & Compliance · PDF

Employee Priority in Winding Up: The 2015 Lower-of-Two Cap

The order sets the maximum for each employee under sections 328(1)(b) and (c) as the lower of five months’ salary and five times the specified Employment Act amount. It is a formula, not a universal five-month payment guarantee.

Source checked · 11 October 2026 Historical document

The two amounts compared

For each employee compare five months’ salary for services to the company, including time or piecework salary, with five times the amount referred to in Employment Act section 35(b). The lower amount is the maximum; if equal, either identical amount gives the maximum.

Limit of the source

The order applies for purposes of sections 328(1)(b) and (c), under power in section 328(2). It does not reproduce the Employment Act numeric amount or all priority categories. A fixed dollar cap should not be guessed and a maximum does not guarantee full recovery in a liquidation.

Historical commencement

S 381/2015 was made on 22 June 2015, published on 23 June and effective on 1 July 2015. Its Companies Act framework should be identified as that historical instrument rather than relabelled as an undated current insolvency-law rule.

Official source

This article independently explains the substantive contents of the official PDF, including the relevant conditions, procedures and annexes. The linked document remains the authoritative source for its original wording, and later changes should be checked separately.

Read the official PDF ↗
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