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s 983

Payments to financially distressed

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Chapter 17General provisions
Part 2Other provisions

983 Payments to financially distressed

(1)

Subsection (2) applies if a person is—

(a)

suffering hardship because an employer has failed to pay the person the whole or part of wages; and

(b)

unlikely to be able to lawfully recover the whole or a substantial part of the unpaid wages.

(2)

The Governor in Council may authorise payment of an amount, not more than the person is unlikely to recover, to the person from the consolidated fund.

(3)

The payment does not relieve the employer from liability to pay the unpaid wages.

(4)

If the person later receives remuneration in full or part satisfaction of the employer’s liability, the person must immediately pay the department, for payment to the consolidated fund, an amount equal to the lesser of—

(a)

the value of the remuneration received, as assessed by the Minister; or

(b)

the amount of the payment made to the person and not previously repaid by the person under this subsection.

(5)

The amount payable to the department under subsection (4) may be recovered as a debt.

(6)

In this section—

remuneration means remuneration, in money or kind.

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