Misconduct

An employer can only terminate a client's employment on the basis of misconduct if the client has seriously breached their contract of employment.

Note that if a client's employment has been terminated during a 90 day employment trial, generally this is not the result of misconduct. An employer is not obligated to give a reason for dismissal during a 90 day employment trial.

However, if the employer alleges misconduct by the employee and provides some evidence, misconduct should be investigated in the usual way.

Situations where a client would be subject to a 13 week non-entitlement include (but are not limited to):

• a previously self-employed client applies for Emergency Benefit because they have closed or sold a viable business without a good and sufficient reason
• a client is applying for Emergency Benefit on the ground of health condition, injury, or disability and is able to work part-time, and left a part-time job without a good and sufficient reason
• a partner who is currently receiving Emergency Benefit has a dependent child aged between 3 and 13 years and therefore has part-time work obligations. The partner has left their part-time job without a good and sufficient reason.
• a client has left a part-time job without a good and sufficient reason, a voluntary unemployment stand-down would apply if the income from the job was sufficient to support the person, and the job was for 13 weeks or more

For more information see:

• Misconduct applying a 13 week non-entitlement period