Deciding non-entitlement period for voluntary unemployment or misconduct
Before applying a 13 week non-entitlement period, you should consider the partner's individual circumstances to determine whether or not it is appropriate to impose a 13 week non-entitlement period. You should:
- have a conversation with the partner about why they left their employment and consider:
- if there was a good and sufficient reason for the partner voluntarily stopping work
- if their employment ceased due to misconduct, what was the misconduct by the employee, and whether there is any evidence of the misconduct
- whether the misconduct was relatively minor, or whether there are circumstances surrounding their conduct which go a way towards excusing it
- whether the partner is challenging their dismissal or loss of employment
- contact the employer to confirm the reason the partner left their employment and ask them to complete the Employment and earnings information for applications (V06) form
if the employer refuses to return the form or provide a reason for the partner's employment having ended, no further contact with the employer should be made - instead ask the partner for a statement of events regarding why they left or were dismissed from employment
- consider whether there is conflicting evidence between what the partner has advised and what the employer has advised
the partner must be advised of the reasons given by the employer if those reasons are the basis of a decision to impose a non-entitlement period
if there is conflicting evidence or the reason for leaving employment is not agreed between the partner and the employer, you should give the partner the benefit of the doubt
- consider whether there are specific circumstances where a non-entitlement period should not be imposed
If you are uncertain whether a voluntary unemployment stand-down should be imposed, discuss the partner's circumstances, in the first instance, with a service centre trainer and then with Helpline (if still required).
For more information see:
