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Unused annual leave and Jobkeeper

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Replies 1

Hi everyone,

I recently had my employment status changed from permanent part-time, to casual by my employer. As due to circumstance I'm unable to fulfill the required hours of my previous position. I have been on JobKeeper since it started, and am currently on the tier 1 fortnightly payments. Recently I had my unused annual leave entitlements paid out to me as a lump sum. I am paid on a weekly basis, and the lump sum, plus my wage. This equated to $2069 for one weeks pay, $240 of which was my wage earnt for that week. 

 

 

Majority of my leave accrued, was done so before I was on Jobkeeper. However when I was supposed to receive my jobkeeper top-up it did not go through. Idk if my employer does JobKeeper correctly. But essentially he pays me my normal wage every week, and then the top up in an additional payslip p/fortnight at the end of each fortnight. To my understanding, Jobkeeper does not take into consideration any lump sum payment, as of which unused annual leave is categroised as on the Fair Work website. My employer is arguing that I do no recieve the top up, as I earnt over the tier 1 minimum of $1200. Therefore he considers that jobkeeper payment, to be put towards paying out my leave, and then I recieve my wage for that fortnight, and the remainder of my leave (about $2200 gross) as a top up. Rather than receiving the jobkeeper payment, on top of the $2200 gross.

 

I cannot find any info to dispute what I believe, but I also cannot find any info to prove what my employer is saying is true too. 

 

On a side note, my employee status changed prior to the 28th of September (if that makes any difference)

1 ACCEPTED SOLUTION

Accepted Solutions

Most helpful response

ATO Community Support

Replies 0

Hi @lachiet13,

 

I can confirm that you are correct in that, Lump Sum payments do not form part of the JobKeeper payment and should be paid separately.

 

There is a page that you can direct your employer to which I will link bellow in regards to paying their employees.

 

If you are still experiencing issues with your employer then you can take the dispute further with Fair Work.

 

I hope this helps!

 

Helpful Links:

Paying your Eligible employees

Fair Work

 

1 REPLY 1

Most helpful response

ATO Community Support

Replies 0

Hi @lachiet13,

 

I can confirm that you are correct in that, Lump Sum payments do not form part of the JobKeeper payment and should be paid separately.

 

There is a page that you can direct your employer to which I will link bellow in regards to paying their employees.

 

If you are still experiencing issues with your employer then you can take the dispute further with Fair Work.

 

I hope this helps!

 

Helpful Links:

Paying your Eligible employees

Fair Work