s 120
In forceVariation of redundancy pay for other employment or incapacity to pay
Volume 1Chapter 1, Part 1-1 to Chapter 2, Part 2-4 (sections 1 to 257)
Chapter 2Terms and conditions of employment
Part 2-2The National Employment Standards
Division 11Notice of termination and redundancy pay
Subdivision BRedundancy pay
120 Variation of redundancy pay for other employment or incapacity to pay
(1)
This section applies if:
(a)
an employee is entitled to be paid an amount of redundancy pay by the employer because of section 119; and
(b)
the employer:
(i)
obtains other acceptable employment for the employee; or
(ii)
cannot pay the amount.
(2)
On application by the employer, the FWC may determine that the amount of redundancy pay is reduced to a specified amount (which may be nil) that the FWC considers appropriate.
(3)
The amount of redundancy pay to which the employee is entitled under section 119 is the reduced amount specified in the determination.
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