Misconduct

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

This only applies to partners on Supported Living Payment who have work obligations.

Note that if a partner'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 partner would be subject to a 13 week non-entitlement include (but are not limited to):

• a previously self-employed partner applies for Supported Living Payment and would have work obligations because they have closed or sold a viable business without a good and sufficient reason
• a partner who is currently receiving Supported Living Payment has part-time work obligations. The partner has left their part-time job without a good and sufficient reason.
• a partner 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