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Eligibility hours - employer refusing to include employee

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Initiate

Views 199

Replies 4

Hello

I have an employer who is refusing to include a casual employee for JobKeeper, based on the assumption that it would be unrealistic to be able to increase the employee's hours up to the value of $1500 per fortnight. The employee is eligible for the limited fortnights 1 March to 11 May.

  • Can an employer refuse to include the employee in JobKeeper based on this?
  • Is the employer conflating two separate issues (1) Jobkeeper eligibility and (2) renegotiating work patterns during the C19 crisis?
  • What recourse do we have if the employer continues to refuse inclusion?

Thanks for your help.

Kindest regards

1 ACCEPTED SOLUTION

Accepted Solutions
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Best answer

Community Support

Replies 1

Hi @P_J_M 

Integrity rules are in place to deny or reduce an entitlement to JobKeeper payments if schemes are contrived to ensure payment conditions are satisfied or not satisfied. Our compliance focus will be particularly directed toward schemes where the employer has not acted in good faith.

The design of the JobKeeper scheme is that all eligible employees of an employer who has decided to participate in the JobKeeper scheme are paid the minimum of $1,500 per fortnight and that the employer claims for each of these employees. Employers are not meant to pick and choose between their eligible employees.

Also see Paying your eligible employees which outlines the employer needs to pay all eligible employees at least the minimum amount of $1,500, even if they earn less than this per fortnight.

If you feel an individual or business is not acting within the guidelines of the COVID-19 measures, you can make a tip-off to us. Visit Making a tip-off or phone us on the ATO Tip-off hotline on 1800 060 062.

You are also able to contact Fair Work Ombudsman.

All the best.

4 REPLIES 4
Highlighted

Best answer

Community Support

Replies 1

Hi @P_J_M 

Integrity rules are in place to deny or reduce an entitlement to JobKeeper payments if schemes are contrived to ensure payment conditions are satisfied or not satisfied. Our compliance focus will be particularly directed toward schemes where the employer has not acted in good faith.

The design of the JobKeeper scheme is that all eligible employees of an employer who has decided to participate in the JobKeeper scheme are paid the minimum of $1,500 per fortnight and that the employer claims for each of these employees. Employers are not meant to pick and choose between their eligible employees.

Also see Paying your eligible employees which outlines the employer needs to pay all eligible employees at least the minimum amount of $1,500, even if they earn less than this per fortnight.

If you feel an individual or business is not acting within the guidelines of the COVID-19 measures, you can make a tip-off to us. Visit Making a tip-off or phone us on the ATO Tip-off hotline on 1800 060 062.

You are also able to contact Fair Work Ombudsman.

All the best.

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Initiate

Replies 0

Thanks @SaFa We are trying to get a response from the employer. If this fails we will take the matter further as what is hapeing here is not right, there are two young employees in the same siutation with the same employer. Thanks for your response and time. 

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Dynamo

Replies 1

Sounds like employer has misunderstood JK. JK does not require the employee to have their hours increased. The govt pays the JK allowance and the employer passes it onto the employee. Very simple. Employer has to nominate all employees for JK (provided they qualify) and cannot nominate some and not others)

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Initiate

Replies 0

Thanks @KatieAcacia