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 partner 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
Partners 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 partner'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 or partners returning to New Zealand from overseas
A non-entitlement period is not considered when a client or partner returns to New Zealand after working overseas. Clients or partners returning to New Zealand after working overseas do not receive a voluntary unemployment stand-down.
Voluntary redundancy
Where partners have taken voluntary redundancy, they do not receive a voluntary unemployment stand-down if they or another employee must lose their job if the partner remains in that job.
Partner 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 partner 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 partner with work obligations was receiving a benefit and is reapplying for Supported Living Payment as their employment has ceased.
This also applies when a partner with work obligations has been working more than 30 hours a week on Supported Living Payment 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 partner's average weekly income is not required where the partner has been in temporary employment for less than 26 weeks. However, the partner's final pay details are required to determine the date of event and entitlement date.
For more information see:
