Australian law fails insolvent employees, prioritizing creditors over justice.
The article examines if Australian laws on resources for insolvent company employees align with Rawlsian distributive justice. It looks at different aspects of Australian law, such as asset distribution, liability of directors, and employee entitlement schemes. The priority regime in Australia generally aims to benefit employees, even though their entitlements are not always fully prioritized. Director liability for employee entitlements can be helpful in some cases but may also harm employment and entitlement payments. Overall, Australian law falls short in adequately addressing director liability for improper behavior related to employee entitlements.