Announcements
We're doing scheduled maintenance on ATO Community to bring you a bigger, better and brighter online community.
You may see us go into read-only mode every now and then while we do this. Don't worry! You'll still be able to search the site to find your answers

ATO Community

Re: Employer refusing to nominate me for Jobkeeper

Newbie

Views 945

Replies 3

I've worked as a casual with the company for 2.5 years and have talked to ATO and Fairwork representatives who over the phone said that I should be deemed eligible and I am definitely a long term worker.

However due to a medical and personal time I took off last year, all though I had expectations of (and did) come/ing back to work after this period, the HR team has deemed me ineligble. I've shown them the legislation, advised them that I had talked to fair work and the ATO (who both suggested I report them). My employer has come back and told me that they will not sign my nomination form/hand it in until I have written confirmation from the ATO that I am eligible. After that, they said they are happy to give me payments.

What do I do?
Reporting them on the tip off line takes and indeterminate amount of time and the outcome is very unclear, I'm in financial distress and just wanting this to be sorted out. I can't get access to any other payments.
Is there a way to get this written confirmation so I can get the payments?

The issue is the determination of what 'regular and systematic' means, they've made up a time frame that doesn't exist in the legislation or on any of the government sites.

Very stressed
Thanks
1 ACCEPTED SOLUTION

Accepted Solutions

Most helpful response

Devotee

Replies 0

I’m very sorry you are in this situation; it sounds tough. It seems like you have done all you should to confirm your eligibility. Eligibility is self assessment and I can’t see you being able to get tailored information in writing from the ATO very quickly.
Maybe ask your employer to put in writing why they are not nominating you. This might force them to consider their position and in the least you will have something in writing if you make a tip off.
3 REPLIES 3

Most helpful response

Devotee

Replies 0

I’m very sorry you are in this situation; it sounds tough. It seems like you have done all you should to confirm your eligibility. Eligibility is self assessment and I can’t see you being able to get tailored information in writing from the ATO very quickly.
Maybe ask your employer to put in writing why they are not nominating you. This might force them to consider their position and in the least you will have something in writing if you make a tip off.

Newbie

Replies 1

I am in the exact same position as you!

 

My employer has deemed me ineligible because I took a period of time off last year, even though I did return to work afterwards. They have made up a period of 2 months that is the maximum amount of time you can take off during your employment for it to be considered 'regular and systemic'.

 

I am wanting to get written conformation as well, but it seems like the ATO aren't in a position to do that (from what I have heard)

If you make any progress with this or have any other information, I would love to know!

 

 

Newbie

Replies 0

Hey following up: i made a tip off to the ato tip off line and intend to engage with the fair work commission to sort it out. However this: https://www.abc.net.au/news/2020-05-08/cotton-on-reviews-jobkeeper-eligibility-for-workers/12215758 has just come out so if you can stay anon/feel comfortable, reporting your business to a media agency may put the pressure on them to reconsider. Best of luck!