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Old 13th Mar 2009, 11:08
  #171 (permalink)  
once bitten
 
Join Date: Dec 1999
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GEERS

From the GEERS website:


" Who is eligible?

You may be eligible for GEERS assistance if you:

* lost your employment because your former employer became bankrupt or a liquidator was appointed and are owed employee entitlements, and
* lodge your claim within 12 months of losing your job or the date of which your former employer became bankrupt or went into liquidation, whichever is the later.

You may also be eligible for GEERS assistance if you:

* resigned following the appointment of an Insolvency Practitioner (IP), or
* resigned or your employment was terminated within six months before the appointment of an IP.

Who is not eligible?

You are not eligible to receive GEERS assistance if:

* your former employer is under the control of an administrator, a receiver manager, or is subject to a Deed of Company Arrangement, a Trust, a Personal Insolvency Agreement, or a Debt Agreement
* you were not an employee, i.e. if you were a contractor, sub-contractor or agent
* you lodge your claim more than 12 months after your employment was terminated or the date on which your former employer became bankrupt or entered into liquidation, whichever is the later
* you were employed by a partnership and not all partners are subject to insolvency, or
* there are funds available from your former employer or another source to pay your outstanding entitlements within 16 weeks of the department receiving your claim. "


With reference to the above,

It would appear at first reading that a person only becomes eligible for GEERS when an Insolvency Practitioner (IP) has been appointed.

At this stage, SAW is only under the control of a (Voluntary) Administrator (VA).

At this stage, SAW has not gone bankrupt or gone in to liquidation. Until it does, GEERS eligibility under Clause 1 point 1, 2 of "Who is eligible" above does not apply.

Further under Clause 2, points 1, 2 of "Who is eligible"

I do not know whether an IP has been appointed, nor do I know what the function of an IP is, or at what stage of the process he may be appointed, but it would appear that until an IP IS appointed (by the VA??), an ex-employee is not eligible to receive GEERS assistance.

Further,

Clause 1, point 1 of "Who is not eligible" specifies ineligibility when "your former employer is under the control of an administrator".

This is the current situation.

My point?

As things stand NOW it may take a few more of the "triggers" mentioned above to occur before GEERS eligibility is confirmed.

Have a great day!
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