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Casual Employee - not eligible error

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Background -
I work for a large Child Care company which has announced they will be enrolling in the JobKeeper program. I joined them at a permanent part time from June 2013 through to December 2019 when I transitioned to Casual within the same company. I had sporadic shifts over December, January and February due to seasonal downtime within the industry.

Issues -
1) I completed a nomination form as required to allow them to enrol me onto the JobKeeper system.
2) They have gotten back to me saying that I am not eligible. They will subsequently will not be putting me forward or enrolling me.
3) I have enquired previously explaining this situation and have been told by MPs, Senators and Ministerial aids being told it’s certain I would be eligible.

Questions -
I have been employed continually from June 2013 onwards only transitioning to Casual from December 2019. This was due to ongoing study commitments. I worked multiple shifts throughout the months of December, January and February even during the seasonal downtime.

This would in my understanding be me meeting the requirements to be eligible.
1) I have been with the company longer than 12mths
2) I have not ceased working in the 12mths prior to 1st March. As I worked every month right through the 12mths prior.
3) I’m an Australian citizen.
4) I’m over 21years old
5) I don’t have any other employer
6) did not receive either government parental leave or Dad and partner pay under the Paid Parental Leave Act 2010 or
a payment in accordance with Australian worker compensation law for an individual's total incapacity for work.
7) I maintain contact with all levels of management and leadership within the company before, during and ongoing during COVID19.

Long post -
Help me understand why everyone I have spoken to at ATO, MPs, Senators and Ministerial aids all tell me that I am eligible as I meet all the requirements. Why is my employer saying to me that they will not put me forward as they think I’m not?
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Hi @njhumphrey 

I am sorry to hear about your situation and the difficulty you are encountering.

Based on the information you have provided you sound like you would meet the eligibility guidelines, including the requirement for a casual to be employed on a regular and systematic basis for at least 12 months, as at 1 March 2020 and not a permanent employee of any other employer.

Maybe a conversation with your employer to understand why they think you are not eligible may assist. It’s not compulsory for employers to participate however if they do decide to enrol, they need to nominate all eligible employees, they can’t pick and choose.

Alternately Fair Work may be able to assist you if you employer still refuses to nominate you and you are eligible.

Good luck with everything, SueO

1 REPLY 1
Highlighted

Best answer

Community Support

Replies 0

Hi @njhumphrey 

I am sorry to hear about your situation and the difficulty you are encountering.

Based on the information you have provided you sound like you would meet the eligibility guidelines, including the requirement for a casual to be employed on a regular and systematic basis for at least 12 months, as at 1 March 2020 and not a permanent employee of any other employer.

Maybe a conversation with your employer to understand why they think you are not eligible may assist. It’s not compulsory for employers to participate however if they do decide to enrol, they need to nominate all eligible employees, they can’t pick and choose.

Alternately Fair Work may be able to assist you if you employer still refuses to nominate you and you are eligible.

Good luck with everything, SueO