Akinsanya and Secretary, Attorney-General's Department

This matter concerned an application by Mr Akinsanya for an advance under the *Fair Entitlements Guarantee Act 2012* (FEG Act). The Secretary, Attorney-General's Department, was the respondent. The core of the dispute was whether Mr Akinsanya met the eligibility criteria for a FEG advance, specifically concerning the cessation of his employment with iDropped It. The Administrative Appeals Tribunal was required to determine this eligibility.

The Tribunal was tasked with determining three key issues: when Mr Akinsanya's employment with iDropped It ended; whether iDropped It was insolvent at that time; and if so, whether Mr Akinsanya's employment ended due to that insolvency. Eligibility for a FEG advance under section 10(1)(c) of the FEG Act requires the cessation of employment to be due to the employer's insolvency, or to have occurred within six months before or on or after the appointment of an insolvency practitioner.

The Tribunal found that Mr Akinsanya's employment ended on 27 July 2018, when he completed his notice period after resigning on 6 July 2018. It was also determined that iDropped It was insolvent at that time, as evidenced by a lack of working capital and an inability to meet current debts, as advised by an insolvency practitioner. However, Mr Akinsanya's employment ended more than six months before the appointment of insolvency practitioners on 21 February 2019, meaning neither section 10(1)(c)(ii) nor (iii) of the FEG Act applied. Consequently, the Tribunal concluded that Mr Akinsanya did not meet the mandatory eligibility criteria for a FEG advance. The decision under review was affirmed.