Common use of Incapacity to pay Clause in Contracts

Incapacity to pay. Subject to an application by the employer and further order of the Fair Work Commission, an employer may pay a lesser amount (or no amount) of severance pay than that contained in subparagraphs (1) and (2) of paragraph (a) of this subclause. The Fair Work Commission shall have regard to such financial and other resources of the employer concerned as the Commission thinks relevant, and the probable effect paying the amount of severance pay in the said subclause (a) will have on the employer.

Incapacity to pay. Subject to an application by the employer Employer and further order of the Fair Work Commission, an employer Employer may pay a lesser amount (or no amount) of severance pay than that contained in subparagraphs (1) and (2) of paragraph (a) of this subclause23.5(a). The Fair Work Commission shall have regard to such financial and other resources of the employer Employer concerned as the Fair Work Commission thinks relevant, and the probable effect paying the amount of severance pay in the said subclause (aparagraph 23.5(a) will have on the employerEmployer.