Partner's job ceases during an employment trial period
Any employment that has an employment trial period included in a partner's employment agreement is assessed the same as any other employment.
A partner's job can cease during the employment trial period for any number of reasons, such as:
- the employer not being able to afford the partner's wages
- the employer's belief that the partner lacks the necessary skills
- misconduct
- any other reason the employer decides to cease the partner's employment or
- the partner leaving of their own accord
When an employer gives the partner notice during the employment trial, they are not required to advise why they have decided to end the partner's employment. They are however, required to provide details of their last date of employment and the date they will be paid to.
If the employer gave notice to the partner of ending their employment after the employment trial, the employer must provide the partner with the reason for ending their employment (ie the employment trial rules do not apply).
To determine the commencement date of the benefit, the partner needs to provide evidence and reasons for ceasing their employment, their last day of duty and last date paid to.
If the partner cannot provide this evidence and a reason for their employment ceasing, their last day of duty or last date paid to, you can contact the partner's employer and ask them to complete the Employment and earnings information for applications (V06) form.
If the partner's employer does not provide the reason for the partner's employment ceasing during the employment trial, accept the partner's reasons for the termination and continue with the application process. However, the employer must complete the date ceased and last pay details.
For more information see:
Legislation
- When employment agreement may contain provision for trial period for 90 days or less section 67A Employment Relations Act 2000
- Effect of trial provision under section 67A section 67B Employment Relations Act 2000
