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Re: Made redundant....former employer now asking me to fill out jobkeeper form

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Newbie

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Replies 4

I was made redundant this week (early May) and two days after my redundancy letter was sent, my former employer emailed a request to me to fill out the jobkeeper form. They say that they can claim jobkeeper paymenets for me, back to early March, when I was still employed.

I feel that this is offensive, to seek such cooperation from someone you just made redundant after many years of service. 

There is no chance they will re-employ me so I do not understand if what they are asking is legal.

 

 

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Best answer

Community Support

Replies 3

Hi @Kingarthur,

 

Jobkeeper is voluntary, and you are under no obligation to opt in. Wages must be paid in advance for an employer to claim the JobKeeper subsidy, and so they would claim it back as a reimbursement for all eligible employees. However, if you do not opt-in, you would not be classed as as an eligible employee. 

 

If you have enquiries surrounding what is legal and what is not, your best bet would be to visit the Fair Work Ombudsmen page dedicated to coronavirus-related enquiries, as JobKeeper is included in the Fair Work Act. 

 

Hope this helps.

 

Josh

 

 

4 REPLIES 4
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Best answer

Community Support

Replies 3

Hi @Kingarthur,

 

Jobkeeper is voluntary, and you are under no obligation to opt in. Wages must be paid in advance for an employer to claim the JobKeeper subsidy, and so they would claim it back as a reimbursement for all eligible employees. However, if you do not opt-in, you would not be classed as as an eligible employee. 

 

If you have enquiries surrounding what is legal and what is not, your best bet would be to visit the Fair Work Ombudsmen page dedicated to coronavirus-related enquiries, as JobKeeper is included in the Fair Work Act. 

 

Hope this helps.

 

Josh

 

 

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Newbie

Replies 2

Thanks josh.

 

i get that it is voluntary.

 

my concern is that they should not be requesting the participation from people who no longer work for them.

 

on this page: https://www.ato.gov.au/general/jobkeeper-payment/employees/eligible-employees/

 

it saysIf you were terminated after 1 March 2020, your employer may choose to re-engage you and claim the JobKeeper payment on your behalf if you both meet the eligibility criteria.

 

surely if people are made redundant and not re engaged the employer cannot claim....


@JoshH wrote:

Hi @Kingarthur,

 

Jobkeeper is voluntary, and you are under no obligation to opt in. Wages must be paid in advance for an employer to claim the JobKeeper subsidy, and so they would claim it back as a reimbursement for all eligible employees. However, if you do not opt-in, you would not be classed as as an eligible employee. 

 

If you have enquiries surrounding what is legal and what is not, your best bet would be to visit the Fair Work Ombudsmen page dedicated to coronavirus-related enquiries, as JobKeeper is included in the Fair Work Act. 

 

Hope this helps.

 

Josh

 

 


 

 

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Newbie

Replies 1

Also, can they withhold final payment of termination pay if I don't fill out the form.

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Community Manager

Replies 0

Hi @Kingarthur,

 

As you were an eligble employee for some of those fortnights they are required to nominate you as it's a one-in all-in system for employees. You don't have accept their nomination though if don't wish to. You can select 'No' on the form.

 

Thanks, Nate