SUB-PART C: RIGHTS OF AFFECTED PERSONS DURING CORPORATE RESCUE PROCEEDINGS

(1) During a company’s corporate rescue proceedings any employees of the company who are-

(a) represented by a registered trade union may exercise any rights set out in this Part –
(i) collectively through their trade union; and
(ii) in accordance with applicable labour law; or

(b) not represented by a registered trade union may elect to exercise any rights set out in this Part either directly, or by proxy through an employee organisation or representative.

(2) To the extent that any remuneration, reimbursement for expenses or other amount of money relating to employment became due and payable by a company to an employee at any time before the beginning of the company’s corporate rescue proceedings, and had not been paid to that employee immediately before the beginning of those proceedings, the employee is a preferent creditor of the company for the purposes of this Part.

• According to the Insolvency Act [Chapter 6:07]. PART XXIII: Corporate Rescue