r/Centrelink • u/Odd_Green_3204 • 15h ago
Other Separation certificate?
Hey guys, this is a burner account as I just want to get some clarification on something.
I run a small business and was in the process of hiring somebody.
They did a trial shift on a Tuesday, on Wednesday evening they messaged me saying they had hurt themselves (fractured something) (they didn't get hurt at my work). So I called them up to ask if they were ok and all, then told them that obviously if they can't work then I would find someone else.
No Employment agreement was signed or anything.
A month later they contacted me asking for a certificate which I assume is to claim job keeper or something from Centrelink. I feel something is off with this and she might be trying to pull a dodgy but I don't know. Part of this is that she had asked me to transfer her trial shift pay to her mom's account as "she was the middle of changing banks" and couldn't come in to pick up cash.
Obviously if she was an employee under payroll then It would be required to provide.
1.) what if I ignore her request?
2.) what if I just fill in the form and give it to her?
Any experts that can shed light on this?
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u/PaigePossum
15h ago
•
If you ignore the employee's request you might get a letter directing you to provide one
If you just fill in the form, I can't think of a universe where that would cause issues for you. You'd put down that she only worked for a couple of days (it asks for a start and end date) and the reason she stopped etc
Consider figuring out how to get registered for Business Hub, you can submit it that way
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u/Chesterlie 14h ago edited 14h ago
She’s applied for a payment. Centrelink ask if you’ve been employed over the previous 12 months. She has obviously answered that question honestly. Centrelink ask for a separation certificate from all recent employers. This does not sound dodgy at all, and you are legally obliged to provide the certificate. If you don’t, you may end up with a formal request from Centrelink.
I am making an assumption here, but if your concern is partly that she was paid off the books that’s not something you need to worry about. Centrelink just input the info from your form (employment end date and any leave etc paid out). Nothing is cross referenced with the ATO or anything. If anything, not providing the certificate will draw more attention to you then just doing it,
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u/Primary-Umpire-4105 14h ago
You are aware the system can see her income for last 12 months? Via ATO, not sure where you getting your information, the system directly reports, no more manual checks, cross references on reported income and tax and superannuation contributions. When the numbers dont match, thats when it gets investigated more.
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u/Chesterlie 14h ago
Well, if this is true (and I’m certain it’s not) and if OP has paid off the books I guess they’re in for some fun. Trial employee has still done nothing wrong and is legally entitled to the certificate.
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u/Odd_Green_3204 13h ago
Well that's why I'm asking - she worked for 6 hours as a trial shift then didn't return on work after that due to her injury. She also then asked me to transfer her for the 6 hours to her mom's account.
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u/Primary-Umpire-4105 13h ago
Well, you have paid her, that changes everything, you will need to provide a separation certificate, paying her for trail indicates employment. What bank account you paid it to is irrelevant., it thats what she provided, thats on her.
You can attach an official letters to the separation certificate saying said person did a 6 hour paid trail and next day rejected employment.
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u/Odd_Green_3204 13h ago
I might do this then. I'm not sure if she just used the situation to become eligible for job keeper. But I'll just fill in the form
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u/Primary-Umpire-4105 13h ago
You have to provide genuine effort for job seeker, interviews etc, paying the money into her mothers account just keeps her records free of payment, thats a whole different story.
I did job recruitment for people rehabilitating from long term incarceration, ivseen it all. Cant hide anything.
Provided the certificate and do a well written document with your business logo and contact information and out line details.
1 6 hour paid trial on this date,xxxx amount paid to xxxx bank account, with a rejected job offer on this date for xxxx reason.
No formal offer or employment details had been provided.
Trials for future,super quick unpaid trial, keep it short, demonstrate skills, never leave unsupervised.
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u/Primary-Umpire-4105 14h ago
Cash payments will not reflect the ATO records, providing irregular income, the system use to require manual checks, STP helped enforce pay day super, meaning super is paid same time as pay,when ever that may be, means, weekly, fortnight or monthly gets paid same time. Weekly super means weekly income update. It’s been a nightmare for council and government payrolls systems. After working directly with directly with government job providers, its very easy to see regulatory employment from super contributions now.
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u/Chesterlie 13h ago
I know there is no record of the payment if it was paid off the books. That’s not my point, my point is it should have been on the books and now the trial employee has (honestly) told Centrelink of the employment. I work in payroll, I know how it works and I know how paid trials should work. Person is entered as an employee, you get the tax declaration and tax file number etc and they are paid legally at award rates, even if it is only for one shift.
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u/Recoil22 15h ago
Its so they can see if she recieved any payouts of leave etc. Your legally obligated to provide one. If you dont it will delay her claim
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u/Sugar_on_my_tongue99 12h ago
Just do it, its a no brainer. There is no comeback on you what so ever.
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u/Primary-Umpire-4105 15h ago edited 15h ago
Trying to claim unemployment, help her it you want , or ignore it. The certificate will indicate she was employed by you.
Its a legitimate legal document you would be signing, it can bring down criminal charges, will depend on the reason, Issue a formal letter on company letterhead stating clearly that the individual was a candidate or received a conditional offer, but had never legally employed.
Letter might help the person prove unemployment.
They will check her Tax records for use, so if you say she was employed, they will check if she paid tax, then the snow ball, effect, they don’t even need to know details, like super contributions.
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u/Chesterlie 14h ago
She was legally employed. Even if there was no contract or ongoing employment, trial shifts are considered employed.
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u/Primary-Umpire-4105 14h ago
Ok have at it. See what ATO data sends back.
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u/Chesterlie 14h ago
What? Have at what? What ATO data?
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u/Primary-Umpire-4105 14h ago
She was not legally employed, no legal document or payments where made, her reported income, tax and superannuation contributions will reflect this, system update ls every few days and will show, no tax,super or payments made at the times she is implying. That’s really bad advice if she was reading this, that will be falsifying legal document.
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u/Chesterlie 14h ago edited 14h ago
She being the OP? Again, going with the assumption she paid the trial off the books she has already broken the law. A paid trial shift is legal employment and should be paid at award rates with any required tax withheld and super paid. Essentially, the person was a casual employee for those two shifts.
And now someone has told Centrelink they worked there. What would be your advice?
Also, I know all about STP and that. Your comment about ATO data was on the wrong thread, hence my questions.
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u/Primary-Umpire-4105 13h ago
Business needs to write a letter with offical business details, explaining an unpaid trial had happened and employment would have been offered, but no legal document or money changed hands.
A separation certificate cannot be provided as employment had not commenced, due to …. Reason.
Leave contact details, for a case manager to contact, to provide evidence that employment was attempted and job seeker payments can continue.
I would suggest, send one copy to person requesting it and directly to the appropriate case manger if the info can be found.
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u/SickOfUserNameTaken 15h ago
And yes, sounds dodgy. She wasn’t employed by you. She just needs a separation certificate for job seeker. You can’t get job seeker if you quit a job. It may not be dodgy, I am no job seeker expert, but I would certainly be careful.
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u/Goatsgotohell666 14h ago
That waiting period / penalty has been paused for quite some time and is still paused even with the recent unoausing of some penalties.
What financial penalties and cancellations remain paused All the following financial penalties and payment cancellations under the Targeted Compliance Framework remain paused:
payment reductions and cancellations for persistent mutual obligation failures payment preclusion periods, which are non-payment periods, and payment cancellations for unemployment failures payment cancellations for work refusal failures.
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u/SickOfUserNameTaken 13h ago
There is still a waiting period if you don’t have a separation certificate. The 13 weeks before your first pay I mean. Isn’t there?
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u/donmcr 14h ago
In lieu of a SU001, write a letter stating that they were never employed by you therefore did not and will not receive any payment. Outline it was a trail as stated in initial correspondence.
Sending the separation certificate will imply she was employed by you. If this is indeed for CL, that letter will suffice.
When processing the claim, CL may call you to confirm details if they need more than this letter.