Common use of Incapacity to pay redundancy pay Clause in Contracts

Incapacity to pay redundancy pay. If in a particular redundancy case, there is a dispute as to the employer’s capacity to make redundancy payments in accordance with the general redundancy pay prescriptions and/or whether employees should receive a lesser amount of redundancy pay than specified in the general redundancy pay prescriptions due to the employer’s incapacity to pay, the dispute will be dealt with in accordance with clause 12 of the Common Clauses of this Agreement (and the issue may be determined by the Disputes Board or the Australian Industrial Relations Commission in accordance with that clause).