ATO Community

Re: My employer is receiving Jobkeeper Payments but I wasn't nominated

Newbie

Views 557

Replies 3

Hello,

I am a Casual Worker and I have been working on a regular and systematic basis for the same company for more than 18 months. On the 19th of March I was told that work is slowing down and I would be called back in when it gets busy again. I was still employed and did not lose my job since I was back at work on the 23rd of July for the first time since Covid-19.

 

I assumed the company did not qualify or did not apply for the Jobkeeper program for their employees since I never received any Jobkeeper payment. When I went back to work that’s when I found out, it isn’t the case and the company actually did apply and is receiving Jobkeeper payments for their employees, just not for me. 

 

I was never asked or offered if I wanted to be nominated for Jobkeeper. I believe I do meet the criteria to also receive the payments. 

When I questioned my employer why I was left out it was mentioned to me that since I didn’t work at all for 4 months I wouldn’t be entitled to the payments. I believe this is wrong. I didn’t work because there wasn’t enough work and I wasn’t called in.

I feel being left out and treated unfairly. As far as I know, only the Full Time workers in  the company are getting the payments. I thought when a company decides to receive the payments then everyone who is eligible should get it and the employer can’t pick and choose who gets it - it’s “one in, all in”.

 

I am not entirely sure why I was left out. Maybe my employer wasn’t aware that also Casual Workers are entitled to the payments? 

Is it too late to act or can I still get nominated for Jobkeeper now? Would I get paid from when the Jobkeeper payment started? I believe I was entitled to receiving the payments from the beginning, but missed out because my employer did not include me. Is there any possibility that I can get paid for this time as well since my employer applied for Jobkeeper in the first place? 

 

What should I do and what can I do? What can my employer do?

 

Thank you for your help.

1 ACCEPTED SOLUTION

Accepted Solutions

Most helpful response

Devotee

Replies 0

HI @Martina31

 

Thank you for getting back to us.

 

On our keeping JobKeeper payment fair web page,  there is information that you should follow if you believe you have been incorrectly excluded from JobKeeper and in breach of the one-in-all-in rule.

 

All the best with everything.

3 REPLIES 3

Former Community Support

Replies 2

Hi @Martina31

 

It is no to late to be nominated for JobKeeper if you employer is eligible and you are an eligible employee. However, you will not be entitled to the past fortnights, you will only receive the payments for the remaining fortnights from the time you are nominated. We suggest you speak with your employer and express that you have met the eligibility requirement and wish to be nominated. Your employer can then add you to their number of nominated employees.

 

If you are concerned that you are being incorrectly excluded from JobKeeper in breach of the one-in-all-in rule, we encourage you first to discuss with your employer. If you continue to have concerns, please phone us on the ATO Tip-off hotline.

 

All the best!

Newbie

Replies 1

Thank you for your response.

 

As far as I can tell my employer is not very cooperative and thinks I wasn’t entitled to the payments in the first place. Nothing got mentioned to me about getting nominated now when I went back to work. Right now I’m not allowed to be called back to work... I feel my employer knows I should have been included and tries to cover up.

 

It was also mentioned that I should have applied for JobSeeker but I wasn’t looking for work since I was still employed and expected to be included in the JobKeeper payments.

 

I think I don’t have any other option but to call the Tip-Off hotline.

Most helpful response

Devotee

Replies 0

HI @Martina31

 

Thank you for getting back to us.

 

On our keeping JobKeeper payment fair web page,  there is information that you should follow if you believe you have been incorrectly excluded from JobKeeper and in breach of the one-in-all-in rule.

 

All the best with everything.