"Compensation for financial loses incurred as a consequence of the discrimination 31"
Annex K – Flowchart to assist decision making process (please note that, for IT reasons, there are no ‘hyper-links’ in this document). Is the claim an employment claim? (see Part 8) Yes No What is the What is bankrupt bankrupt claiming? claiming? (see 31.9.157) (see 31.9.34) Compensation for injury to mind Recompenses A Unfair Wrongful Discrimination Combination , body, for financial combination dismissal dismissal (see 31.9.172) losses (damage of (31.9.161) (31.9.161) reputation only. to property or compensation for injured loss of earnings) feelings, etc Claim Claim What Claim can only and damage continues vests in remedy is be split to property, to belong etc the official the bankrupt between to receiver seeking? each (see 31.9.42) bankrupt – does as trustee (31.9.173) element and not vest (see dealt with in trustee 31.9.167) separately Claim Claim vests in Claim vests (see (31.9.178) continues to the official in the official 31.9.164) belong to receiver as receiver, as bankrupt – trustee trustee, with does not vest (see 31.9.35) ‘personal’ Declaration of the Compensation in trustee damages rights of the for financial (see 31.9.37) held on bankrupt and loses incurred constructive compensation for as a trust for the injured feelings consequence bankrupt of the (see discrimination 31.9.43) (31.9.178) Claim continues to Declaration of the rights Claim will vest belong to bankrupt – of the bankrupt and in official does not vest in trustee compensation for injured receiver, as (31.9.173) feelings and trustee Compensation for financial loses incurred as a consequence of the discrimination Claim will vest in the official receiver as trustee of the bankruptcy estate as a ‘hybrid’ claim (31.9.43), unless bankrupt limits his/her claim (31.9.174).