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Long term casual eligibility

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Hi ATO,

My question is related to the new job keeper scheme. In my situation i do fit ALL of the eligibilty requirements including my age, citizenship and employment status (Im a long term casual since 2018). My employers accountant has claimed that i am not eligible to the payment due to a 4 week holiday i took in december, and due to a couple of weeks in which i could not work because of health problems. I have been employed with this business since the 27th of august 2018 on a regular and systematic basis through all of 2018-2019-2020 in exception of my holidays and sick weeks which add up in total to be NO more than 7 weeks.

 

Am i still eligible?

 

In addition while quoting your own website.

Example 2 – varying work schedule

'On 1 March 2020, Timothy was a university student working as a casual employee in the meat processing industry.
During the period of 12 months that ended on 1 March 2020,
his employer generally rostered Timothy for shifts on three to four days a week on differing days.
Timothy was required to indicate his availability in advance and worked in accordance with a published roster.
However, Timothy was not asked to work on days when there was not enough production demand and also did not work for several weeks in the year due to his exam schedule.

Timothy is considered to be an eligible casual employee because, on 1 March 2020, he was employed on a regular and systematic basis for a period of 12 months.'

Timothy has taken 'Several weeks' off in which several is typically considered to be 7 or more which is paralell to
my situation and Timothy was also considered to be 'Eligible'.

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Community Support

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Hi @adzyyy,

 

Sorry to hear about your situation. 

 

Based on what you said, your employment over the last 12 months should probably be considered 'regular and systematic', however I would strongly urge that you visit the Fair Work Ombudsmen as they have a dedicated page set up for Covid-19 related employee rights issues such as these, and give a more definitive determination on what you would be classed as based on your specific circumstances: 

https://coronavirus.fairwork.gov.au/

 

If you do meet this standard, and meet the other eligibility requirements for an employee to receive JK, I see no reason why you should be disqualified.

 

Hopefully this helps!

 

Josh

 

 

1 REPLY 1
Highlighted

Best answer

Community Support

Replies 0

Hi @adzyyy,

 

Sorry to hear about your situation. 

 

Based on what you said, your employment over the last 12 months should probably be considered 'regular and systematic', however I would strongly urge that you visit the Fair Work Ombudsmen as they have a dedicated page set up for Covid-19 related employee rights issues such as these, and give a more definitive determination on what you would be classed as based on your specific circumstances: 

https://coronavirus.fairwork.gov.au/

 

If you do meet this standard, and meet the other eligibility requirements for an employee to receive JK, I see no reason why you should be disqualified.

 

Hopefully this helps!

 

Josh