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Re: JobKeeper - long term casual - seasonal worker

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Hello,

I'm finding it really difficult to get an answer for my case. I'm a long term seasonal casual that has worked for the business for more than 3 years. I have been advised by my employer that I'm not eligible for Jobkeeper as I didn't work consistently for the 12 month period.
However, I don't believe this is the case.
Each year, the business will ask me to work when the demand is high. The work schedule varies but in general, the schedule looks like this for each year with 7.5 hours per day
Mar: about 15 days
April: about 5 days
Sep - Oct: about 20 days each month
The last shift finished after 01/03/2020

The same pattern applies for the past few year because of the similar seasonal demand periods.

Can you please help to advise if I satisfy the requirement of casual who are employed on a regular and systematic basis?
I tried to contact Fair work but their Covid19 team said they wouldn't be able to provide an advice specifically in my case.
I just need to be sure and talk to the employer 1 more time before submitting an application to dispute this (last solution).

Thank you very much
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Replies 4

Good morning @bh13 

Thank you for reaching out to us with your question.

 

We’ve received similar questions on this topic over here that answers this question very clearly from ChrisR.

 

Best of luck with this and have a great weekend.

AngelaG

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Community Support

Replies 4

Good morning @bh13 

Thank you for reaching out to us with your question.

 

We’ve received similar questions on this topic over here that answers this question very clearly from ChrisR.

 

Best of luck with this and have a great weekend.

AngelaG

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Hi AngelaG,
Thank you for your reply.
I have reviewed the thread and it looks like that I may be eligible for the scheme.
However, my employer is thinking otherwise so they haven't nominated me yet.
Do you know if the ATO can help me in this case?
I asked FWC but it looks like they can only manage the dispute once employees are nominated.
Thank you,
Ben
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Replies 2

Hi @bh13

 

Sorry for the delay in responding, and thanks for your patience.

 

Have you got an answer to your question as yet? If not, please reply and tag me, and I'll respond as soon as possible.

 

Thanks

 

LizdeK

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Hi @LizdeK

Thank you for your reply. No I haven't got the answer yet.
The situation is my employer says that I'm not eligible to be nominated but I think my case can be considered to be employed on a regular basis.
Can you help to advise if there is anything that I can do in this case?
Thank you,
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Replies 0

Hi @bh13

 

Thanks for getting back to me - I know it must be really tough for you at the moment.

 

There isn't a lot that you can do at this stage. The Frequently Asked Questions for Employees say that:

 

Question: I am a casual employee. Can my employer claim JobKeeper for me?

Answer: It depends on how long you have worked for them and your pattern of work. Your employer may be entitled to receive JobKeeper payments for you if you are a long-term casual employee. That means you have been employed on a regular and systematic basis by your employer since 1 March 2019.

Your employer should make an assessment of whether you are a long-term casual who can qualify. They will consider things like the regularity of your shifts to determine your eligibility.

 

I know that's not much help to you in this situation, so I suggest a couple of things - go back and talk to your employer again - the information in the legislation says that the definition of regular and systematic is that the person 'has a recurring work schedule, or a reasonable expectation of ongoing work'.

 

The other alternative, if you believe your employer is doing the wrong thing, is to go to our tip-off page and provide details there.

 

Best of luck with everything

Take care

 

LizdeK