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Re: Jobkeeper withheld

Newbie

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Hi there, my partner recently found out her employer has been paying employees jobkeeper but not to her and another one of her colleagues. She has been full time with this company for a year. She filled out the initial forms but she received nothing. The only way she found out was her other colleagues in her department were talking about it and they received job keeper when all their hours were cut by half. They all have the same job, same pay and all full time. What can she do in this situation? Can the employer backpay or should she talk to the ATO?
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Former Community Support

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Hi @Plzhelp,

 

Unfortunately there’s not enough information in your post to provide a specific answer on why your partner’s employer isn’t paying her JobKeeper, but I am happy to offer some general advice.

 

Assuming your partner met all the requirements as an eligible employee for JobKeeper (including being employed for at least 12 months’ as at 1 March 2020) then yes there would be a problem with her employer excluding her from JobKeeper. 

 

As you’ll see here in a this Josh Frydenberg - JobKeeper update under the heading of the ‘One in, all in’ principle, it states that Once an employer decides to participate in the JobKeeper scheme and their eligible employees have agreed to be nominated by the employer, the employer must ensure that all of these eligible employees are covered by their participation in the scheme. This includes all eligible employees who are undertaking work for the employer or have been stood down. The employer cannot select which eligible employees will participate in the scheme”

 

The first thing your partner should do now is talk to her employer to see if there was some reason she was found to be ineligible and not originally included, and whether she can be included now. Unfortunately, if she was eligible and missed out in previous months there is no way to provide her with those back payments now, but she can certainly be added to the scheme from August onward.     

 

If after talking to her employer she still has concerns that they are doing the wrong thing, she can tell us about it through a more formal channel by using this Making a tip off link to our website.

 

She could also seek advice from the Fair Work Commission as they also have a guide on how they can assist with JobKeeper disputes.

 

AlBar

1 REPLY 1

Most helpful response

Former Community Support

Replies 0

Hi @Plzhelp,

 

Unfortunately there’s not enough information in your post to provide a specific answer on why your partner’s employer isn’t paying her JobKeeper, but I am happy to offer some general advice.

 

Assuming your partner met all the requirements as an eligible employee for JobKeeper (including being employed for at least 12 months’ as at 1 March 2020) then yes there would be a problem with her employer excluding her from JobKeeper. 

 

As you’ll see here in a this Josh Frydenberg - JobKeeper update under the heading of the ‘One in, all in’ principle, it states that Once an employer decides to participate in the JobKeeper scheme and their eligible employees have agreed to be nominated by the employer, the employer must ensure that all of these eligible employees are covered by their participation in the scheme. This includes all eligible employees who are undertaking work for the employer or have been stood down. The employer cannot select which eligible employees will participate in the scheme”

 

The first thing your partner should do now is talk to her employer to see if there was some reason she was found to be ineligible and not originally included, and whether she can be included now. Unfortunately, if she was eligible and missed out in previous months there is no way to provide her with those back payments now, but she can certainly be added to the scheme from August onward.     

 

If after talking to her employer she still has concerns that they are doing the wrong thing, she can tell us about it through a more formal channel by using this Making a tip off link to our website.

 

She could also seek advice from the Fair Work Commission as they also have a guide on how they can assist with JobKeeper disputes.

 

AlBar