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Re: Terminated Casual Employee and Back Dating JobKeeper Nomination / Eligibility

Newbie

Views 382

Replies 4

Long Term Casual employee terminated mid-March, prior to employer becoming eligible or registering for JobKeeper.

 

The termination pre-dated employer jobkeeper registration (mid-April), and the first eligible Jobkeeper fortnight (30/3-12/4).

 

The terminated employee was not provided a nomination notice due to termination date pre-dating eligibility / registration, and the employer had no intenetion of re-engaging the employee - the terminated employee is now enquiry as to jobkeeper eligibility and requesting to be paid?

 

Employee NOT claiming the tax free threshold from employer, other employment unknown, and nil intention by employer of re-engagement. Employer no longer qualifies for second-tranche of JobKeeper.

 

What obligations are there for the employer to now nominate and backdate JobKeeper nomination for the terminated employee? 

1 ACCEPTED SOLUTION

Accepted Solutions

Most helpful response

Former Community Support

Replies 0

Hi @BCompton,

 

Thanks for posting in and thanks to @Philipi for your reply, its spot on!

 

If the employee was terminated before the JobKeeper scheme started as of 30 March 2020 then the employee is not entitled to JobKeeper from you.

 

The 'fact sheets' we have is the 'Your eligible employees' page on our website. This outlines all the employees eligibility requirements.

 

You can lead the employee there and then to the 1 March 2020 test where it states to be an eligible employee the employee must satisfy this test by meeting all the following on 1 March 2020:

  • •You were either a   
    • non-casual employee (full-time, part-time, or fixed term)
    • long-term casual employee (employed on a regular and systematic basis during the 12-month period that ended 1 March) and, at the time you provide your employee nomination notice, you were not a permanent employee of any other employer
    • you were aged 18 years or older at 1 March 2020. If you were 16 or 17 you can also qualify for fortnights before 11 May 2020 and continue to qualify after that if you are -independent, or
    • not undertaking full-time study.
  • You were an Australian resident within the meaning of section 7 of the Social Security Act 1991 or you were both
    • a tax resident of Australia for the purposes of the Income Tax Assessment Act 1936, and
    • the holder of a Subclass 444 (Special Category) visa.

If you didn't satisfy all the above requirements on 1 March 2020, you are not considered to be an eligible employee for fortnights ending on, or before, 2 August 2020.

 

Even if the employee was found to be eligible between 1 March to 2 August 2020 then regrettably as mentioned by Philipi, backdating JobKeeper payments can no longer be applied for.

 

If your employee still believes they are eligible they will need to contact Fair Work Australia as this falls into an employee vs employer disagreement.

 

Wishing you all the best with your current and future employees Smiley Happy

4 REPLIES 4

Devotee

Replies 3

Hi @BCompton,

 

Employment has ceased and Jobkeeper can not be back dated, so no liability should exist from the Employer to an ex employee.

 

Stay healthy

Newbie

Replies 2

What information / fact sheet can I provide the ex-employee to state this position definitively?

Devotee

Replies 0

Hi @BCompton ,

 

You should be able to refer to his notice of termination of employment. If he is not employed he can not be paid.

 

Stay healthy.

Most helpful response

Former Community Support

Replies 0

Hi @BCompton,

 

Thanks for posting in and thanks to @Philipi for your reply, its spot on!

 

If the employee was terminated before the JobKeeper scheme started as of 30 March 2020 then the employee is not entitled to JobKeeper from you.

 

The 'fact sheets' we have is the 'Your eligible employees' page on our website. This outlines all the employees eligibility requirements.

 

You can lead the employee there and then to the 1 March 2020 test where it states to be an eligible employee the employee must satisfy this test by meeting all the following on 1 March 2020:

  • •You were either a   
    • non-casual employee (full-time, part-time, or fixed term)
    • long-term casual employee (employed on a regular and systematic basis during the 12-month period that ended 1 March) and, at the time you provide your employee nomination notice, you were not a permanent employee of any other employer
    • you were aged 18 years or older at 1 March 2020. If you were 16 or 17 you can also qualify for fortnights before 11 May 2020 and continue to qualify after that if you are -independent, or
    • not undertaking full-time study.
  • You were an Australian resident within the meaning of section 7 of the Social Security Act 1991 or you were both
    • a tax resident of Australia for the purposes of the Income Tax Assessment Act 1936, and
    • the holder of a Subclass 444 (Special Category) visa.

If you didn't satisfy all the above requirements on 1 March 2020, you are not considered to be an eligible employee for fortnights ending on, or before, 2 August 2020.

 

Even if the employee was found to be eligible between 1 March to 2 August 2020 then regrettably as mentioned by Philipi, backdating JobKeeper payments can no longer be applied for.

 

If your employee still believes they are eligible they will need to contact Fair Work Australia as this falls into an employee vs employer disagreement.

 

Wishing you all the best with your current and future employees Smiley Happy