Non-entitlement period should not be imposed
There are specific circumstances where a non-entitlement period is not considered, because they are accepted to be good and sufficient reasons for leaving employment, but the initial stand-down must still apply. These situations include where a client has:
- lost their job during a 90 day employment trial (except where the employer alleges misconduct)
- recently returned to New Zealand
- taken voluntary redundancy because another employee would lose their job if they remained
- left work that isn't suitable
- worked for a temporary period
Clients who lose their job during a 90 day employment trial
An employer may terminate the employee's employment trial for any reason at any time before the end of the employment trial period. An employer is not obliged to give a reason for ceasing the client's employment during an employment trial.
A non-entitlement period is not considered if an employer does not give a reason for ending an employee's employment trial.
Note when an employer alleges misconduct by the employee and provides some evidence of the misconduct then a non-entitlement period can be considered and investigated in the usual way.
Clients returning to New Zealand from overseas
A non-entitlement period is not considered when a client returns to New Zealand after working overseas. Clients returning to New Zealand after working overseas do not receive a voluntary unemployment stand-down.
Voluntary redundancy
Where clients have taken voluntary redundancy, they do not receive a voluntary unemployment stand-down if they or another employee must lose their job if the client remains in that job.
Client has left temporary employment
A 13 week non-entitlement period does not apply when the person was in temporary part-time or full-time employment (employment of less than 26 weeks) and they have applied for a benefit after their employment came to an end. It may be applied if the client voluntarily left their temporary employment before it was due to end.
Temporary employment can include employment during an employment trial period of up to 90 days if the client was receiving a benefit and is reapplying for Emergency Benefit as their employment has ceased.
This also applies when a client has been working more than 30 hours a week on Emergency Benefit and receiving a salary or hourly wage that does not fully reduce the benefit, and they have reached the end of their 26 week temporary period in which this is allowable.
Note the client's average weekly income is not required where the client has been in temporary employment for less than 26 weeks. However, the client's final pay details are required to determine the date of event and entitlement date.
For more information see:
