Unpaid staff and creditors left in S Central shell

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Unpaid staff and creditors left in S Central shell
"as at 16 Jan 2010, Ex-employees have still not been paid any entitlements, some are still missing wages for work done. GEERS will never be an option for the ex-employees it REQUIRES the company ..."
 
By Brett Winterford
Nov 2, 2009 3:26 PM
Tags: central | brennan | geers | computercorp

Debts vanish into thin air.

CRN can reveal that a debt-ridden S Central has not paid several of its staff for close to a month and is referring them to a Government-funded scheme for staff made redundant within insolvent companies.

Several full-time S Central staff have contacted CRN alleging that they have not been paid in close to four weeks - with this Wednesday the deadline for a second fortnightly pay run.

S Central founder and managing director Peter Madrivis has repeatedly been contacted for comment.

Brennan IT, which agreed late last week to acquire the physical assets of the company for an undisclosed sum, is offering the staff positions but is not prepared to offer back-pay.

Brennan IT CEO Dave Stevens told CRN he was aware that a "limited number" of S Central staff were still owed entitlements.

"It is my understanding that the Federal Government GEERS scheme (General Employee Entitlements and Redundancy Scheme) ensures that outstanding entitlements and salaries are to be paid."

GEERS, according to the Department of Education, Employment and Workplace Relations web site, is a "basic payment scheme established to assist employees who have lost their employment due to the liquidation or bankruptcy of their employer and who are owed certain employee entitlements."

It is unclear at this stage whether Mavridis has been declared bankrupt nor if the shell of S Central (that which was not sold to Brennan IT) has been placed into liquidation.

Stevens said he had "looked into" the GEERS scheme and that it "appears there is a route for staff to recover entitlements that way."

"While it isn't as straightforward and simple as saying Brennan will cover your back-pay, we are saying it's covered and that we are filling up any gaps we know to be there."

Stevens said those S Central staff with financial difficulties have his "absolute empathy."

"It is part of our agreement with S Central that [S Central] staff entitlements will be met," he said. "We have got a commitment from Peter [Mavridis] that he will honour staff entitlements... or that they will be met by this Government assistance scheme."

A white knight?

Stephens said that should S Central staff join Brennan IT - for which an offer has been made until Wednesday - they will be included in a pay run this Friday for their first three days of work.

"We are offering S Central employees a stable place to work - a landing spot to turn up on Wednesday," Stevens said. "We will also cover any outstanding commissions, recognising that there is a gap there - commissions are not covered by the GEERS scheme. We can also loan money if staff have financial problems.

"Once the emotions clear the facts will be seen as they exist - for the most part, no one will be left significantly out of pocket."

Debts vanish into thin air

CRN can also reveal that in mid-2009, S Central was at least $10.8 million in debt.

According to documents filed by ComputerCorp during its attempted acquisition of S Central in August, S Central was to be purchased for just $100.

The documents revealed that the purchase consideration for S Central was $10,800,100 "which includes the assumption of S Central's consolidated net liabilities of $10,800,000".

CRN understands that the deal was structured this way in order to ensure that Mavridis paid trade creditors (including IT vendors and distributors) at least $5 million of S Central's debts and in doing so allow ComputerCorp to maintain its favour with suppliers.

Stevens said Brennan IT had no requirement to also make such a provision.

 "We are doing an asset purchase, it is a very different deal to the ComputerCorp arrangement," he said.

Vendors and distributors would be in no position to claim their S Central debts from Brennan IT post the acquisition.

"We have all the appropriate warranties from S Central that you'd expect from any asset sale - specifically that there cannot be any argument over title of the assets - that we require them to be unencumbered," Stevens said.

S Central vendor partners Dell and HP have also been contacted for comment.

Are you a creditor or unpaid staff member of S Central? Feel free to contact CRN or comment below.

 
 


Comments: 3
Thoughts on this article? Add a comment below.
Jonbays
Nov 2, 2009 5:46 PM
I have to say that although it took longer than promised we were paid in the end although I know that other less rigourous distributors and vendors will be left holding some bad debts this is what we are all paying exhorbitant trade debtor insurances for.
Zaphod
Nov 2, 2009 9:36 PM
Clarification:-
A "limited number" of people at S Central have not been paid for the last 4 weeks. The rest of us are about to be missing 2 weeks pay on Wednesday 3rd Nov.
I can't think of anyone who has been paid their full entitlements. (Annual Leave etc...) There could be some at the top who did but this would be a small minority.

GEERS is a government scheme for claiming entitlements, it was setup to protect the average Joe from behaviour like this. The scheme also has boundries, ie. Cap on maximum wage, limited number of weeks which can be claimed for etc...
I have heard quotes of 4-6 months before being paid.

GEERS is NOT an insurance to be used by businesses to get out of their responsibilities and should not be used as such. I find it distasteful that some people would use it so.

Do we really want another tax on business to cover excessive GEERS claimants?
Zaphod
Jan 16, 2010 12:05 AM
as at 16 Jan 2010, Ex-employees have still not been paid any entitlements, some are still missing wages for work done.

GEERS will never be an option for the ex-employees it REQUIRES the company appoint an insolvency practioner which will never occur, the company does not contain enough assets anymore.

GEERS also requires that the claim be lodged within 12 month of termination of employment, the clock is ticking, about 1/4 of the way there now.
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