Priority in payment of wages earned in mine
393 Priority in payment of wages earned in mine
An amount of wages, of not more than 4 weeks, payable to an employee for work performed in or about a mine—
is a first charge on the claim or land in or on which the mine is situated; and
in the winding-up of a corporation formed for or engaged in working the mine, must be paid in priority to all other debts, secured or unsecured, of the corporation.
Subsection (1)(a) applies even though—
the claim or land is subject to a mortgage or charge to secure payment of other amounts; or
the claim or land is subject to a lien.
Subsection (1)(b) applies only to the extent that a law of the State may validly apply to the distribution of assets in a winding-up.
If a first charge exists under subsection (1)(a), the amount charged includes—
all amounts awarded by a court as costs against an employer in proceedings brought by or for an employee to recover the wages mentioned in the subsection; and
the amount of costs, charges and expenses reasonably incurred in attempting to enforce an order or orders for payment of the wages.
The debts that are a first charge under subsection (1)(a) or are to be paid in priority under subsection (1)(b)—
rank equally among themselves; and
if necessary, abate in equal proportions among themselves.
In this section—
wages includes earnings for work.
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