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I heard some of the debate on the 90-day bill, and recall the point was strongly made that the 13-week stand-down won't apply if you are terminated within the trial period. "To enourage beneficiaries to take the risk", or some-such phrasing.
Yes, I'm sure many of us heard it. But it's not in the legislation. Welcome to the pitfalls of rushed drafting that doesn't get examined before being passed. This hole is large enough to drive a 747 through, and if National were half as bloody smart as they think they are they would've seen it.
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Matthew Poole said :If you resign, or get fired for misconduct, s60H of the Social Security Act 1964 mandates a 13-week stand-down period before payment of a benefit may commence.
That's rubbish, If you get fired, s60H does not apply.Unemployed means resigning from or otherwise leaving employment, other than by dismissal. Firing is dismissal.
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That's rubbish, If you get fired, s60H does not apply.Unemployed means resigning from or otherwise leaving employment, other than by dismissal. Firing is dismissal.
Not quite, dave, but your (implicit) conclusion is pretty much correct. The 13-week stand down applies if a person:
(a)Has voluntarily become unemployed without good and sufficient reason; or
(b) Has been in receipt of payments under a scheme and has voluntarily ceased to be part of that scheme without good and sufficient reason; or
(c) Has lost his or her employment because of misconduct as an employee; or
(d) Has ceased to be part of a scheme by reason of any misconduct.It therefore includes dismissal for misconduct, but would not include dismissal for 'not fitting in'.
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