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CORPORATIONS ACT 2001 No. 50, 2001 - SECT 596AH
When employee may sue for compensation without liquidator's
(1) This section applies if an employee of a company gives a notice
under section 596AG in relation to a contravention of section 569AB
and to an entitlement.
(2) The employee may begin proceedings in a court under section 596AC in
relation to the contravention and the entitlement if:
- as at the end of 3
months after the liquidator receives the notice, he or she has not consented
to the employee beginning such proceedings; and
- on an application made after those 3 months, the court has given leave for
the proceedings to begin.
- during those 3 months, the liquidator gives to the employee a
written statement of the reasons why the liquidator thinks that such
proceedings should not be begun; and
- the employee applies for leave under paragraph (2)(b);
- the employee must file the statement with the court when so applying; and
- in determining the application, the court is to have regard to the reasons
set out in the statement.
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