VIC Lawsuit against company - what happens if company is unable to pay financial compensation?

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7 May 2022
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Hello,
What happens if an employee wins a case at VCAT against their employer who is a small business (for a discrimination case) & asks for financial compensation - but the employer is unable to pay?
 

Tim W

Lawyer
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28 April 2014
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Unable, or unwilling?
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
4,913
820
2,894
Sydney
If the Tribunal made a Monetary Order, then the employer has to find the funds.
Sooking out that they "can't afford it" is not an option.
It can be a bit more tricky if the employer becomes insolvent (or if a sole trader, bankrupt).

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