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Jobkeeper criteria

Newbie

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Replies 1

Hi,

I have been employed by a business where ownership has changed hands.  My employers have sought legal and financial advice where it has been concluded that casual employees are not entitled to jobkeeper due to change of ownership as per the following email:

 

Hopefully we can explain it more clearly.

All our staff were employed by xxxxxxxxx pty ltd until 9th February 2020. On the 10th February 2020 staff transferred employment across to zzzzzzzzzzzzzz pty ltd.

As it currently stands, the Jobkeeper scheme does not recognise your employment prior to 10th February 2020, as xxxxxxxxxxxxx pty ltd was your legal employer.

It was not a transfer of business nor a transfer of people within a group (which were covered in the Jobkeeper legislation) and it has subsequently meant that our casual employees are not eligible for the Jobkeeper scheme.

We understand your frustration with this situation, and we appreciate that all casuals have been turning up to work at the same workplace, in the same uniform, performing the same role for over 12 months. However the Jobkeeker legislation in its current state does not accommodate our situation.

In an attempt to try and qualify for Jobkeeper for our casuals, the Directors decided to seek both legal and accounting advice on this matter. The advice from all was very clear and unfortunately our casuals were not eligible and that zzzzzzzzzz pty ltd must act in strict accordance with the Jobseeker legislation.

We would have preferred that all our employees were eligible, however as it currently stands they are not. 

 

No one could have predicted the COVID-19 situation and its impacts on everyone and please be assured that zzzzzzzzzz pty ltd has no financial (or other) advantage by not trying to get our casuals qualified for Jobkeeper.

 

It is my understanding according to Coronavirus Economic Response Package (Payments and Benefits) Rules 2020 Subsection 9(6) that I would be entitled to avoid disadvantage,

 

Please correct me if I am wrong.

 

If I am correct could you please advise of the correct reference to quote back to my employer. Also what options I have.

 

Thank you

 

ACW

 

1 ACCEPTED SOLUTION

Accepted Solutions

Most helpful response

Devotee

Replies 0

I think your employer sounds like they have been very thorough with seeking professional support for their situation. They are right, there is no advantage to them not getting the payment and no reason to avoid it. It seems legitimate to me.
1 REPLY 1

Most helpful response

Devotee

Replies 0

I think your employer sounds like they have been very thorough with seeking professional support for their situation. They are right, there is no advantage to them not getting the payment and no reason to avoid it. It seems legitimate to me.