Section 51
Priority of salary to other debts
(1)
This section applies to all workmen and to other employees who are in receipt of a salary not exceeding $1,600 a month (excluding overtime payments, bonus payments, annual salary supplements, productivity incentive payments and any allowance however described) or such other amount as may be prescribed by the Minister.
(2)
When, on the application of a person holding a mortgage, charge or lien or of a person who has obtained a judgment or decree, the property of an employer is sold, or any money due to the employer is garnished, the court ordering the sale or garnishment shall not distribute the proceeds of the sale or the money to the person entitled thereto unless the court has ascertained and paid the salary due to all the employees employed by that employer and to all employees engaged by a contractor or sub-contractor and working for that employer.
(3)
This section only applies —
(a)
to property on which those employees were or are working;
(b)
where the property sold was or is the produce of the work of those employees;
(c)
where the property sold is movable property used or being used by those employees in the course of their work; or
(d)
to money due to the employer in respect of work done by those employees.
Employment 40
(4)
The amount payable to each such employee under subsection (2) shall not exceed 5 months’ salary.
(5)
For the purpose of ascertaining the amount due to any employee under subsection (2), the court may refer the matter to the
Commissioner with a request that he holds an inquiry into the matter and forwards his findings in respect thereof to the court, and the Commissioner shall thereupon comply with any such request.
(6)
For the purposes of any inquiry under subsection (5), the
Commissioner shall have all the powers conferred upon him by section 124.
(7)
For the purposes of this section, “employees” includes sub-contractors for labour and “salary” includes money due to a sub-contractor for labour.