The General Employee Entitlements and Redundancy Scheme (GEERS) is a basic payment program designed to assist employees who have lost their jobs as a result of their employer’s insolvency and still have certain employee entitlements owing to them.
The Department of Education, Employment and Workplace Relations administers the Scheme in accordance with the GEERS Operational Arrangements (OAs). The OAs are used to determine the eligibility of employees and the amount of any GEERS advance.
You may be eligible for GEERS assistance if you:
- are no longer employed because your former employer became bankrupt, or a liquidator was appointed and you are currently owed employee entitlements.
- resigned following the appointment of an Insolvency Practitioner (IP).
- resigned or your employment was terminated within six months before the appointment of an IP.
You are eligible, providing that you lodge your claim within 12 months of losing your job, or the date your former employer became bankrupt or went into liquidation, whichever is the later.
You are not eligible for GEERS assistance if:
- your former employer is under the control of an administrator, a receiver manager, is subject to a Deed of Company Arrangement, a Trust , a Personal Insolvency Agreement, or a Debt Agreement.
- you were not previously employed.
- you lodged your claim more than 12 months after your employment was terminated.
- you lodged your claim more than 12 months after your former employer became bankrupt or entered into liquidation.
- you were employed by a partnership and not all partners are subject to insolvency.
You may be eligible to receive assistance under GEERS if you have any of the following entitlements owed to you:
- Up to 3 months of wages for the time period prior to the appointment of the Insolvency Practitioner (including amounts deducted from your wages, such as for superannuation, but not passed on to your superannuation fund)
- Annual leave
- Long service leave
- A maximum of 5 weeks payment in lieu of notice
- A maximum of 16 weeks redundancy entitlement
To be eligible under GEERS, your entitlement must be legislated, under an award, a Statutory Agreement or a written contract of employment, or otherwise confirmed in writing at the time of the appointment of the IP.
At The Quinn Group we are able to assist you in answering your questions in relation to GEERS and any other termination entitlements or employment law advice. Click here to submit an online enquiry or call us on 1300 QUINNS (1300 784 667) or on +61 2 9223 9166 to make an appointment.
The company I worked for was insolvent in Dec 2009. However, last Dec, we were still promised that the funding was coming and we worked thru Dec 2009, Jan 2010 and Feb 2010 without being paid. On 22 Feb 2010, I resigned because of the financial situation in the company.
The company was liquidated on the 1st Sept 2010. My question is whether I am eligible for GEERS claim, given that my resignation is a bit more than 6 months before the liquidation. However, if my resignation could be considered as “constructive dismissal”, which means that my termination in Feb is invalid, would I be eligible for GEERS?
Hi Sharon
Thank you for your enquiry.
Someone from our office will be in contact with you shortly.
Kind Regards