Fired or dismissed in NZ: getting the next job, and what it means for Jobseeker Support

What a dismissal means for Jobseeker Support

Section 225 of the Social Security Act 2018 says a person is not entitled to a work-tested benefit, such as Jobseeker Support, for 13 weeks after a job ends if Work and Income is satisfied they lost it because of misconduct, or left voluntarily without a good and sufficient reason. Work and Income's policy manual says the 13 weeks start the day after the job ended, and that the reason the job ended must be carefully investigated first.

The rule is about misconduct. Being let go for performance is not named in it, though Work and Income still looks into why the job ended before deciding. Either way, apply straight away rather than waiting to see: Work and Income says payments can take up to 13 weeks to start after a misconduct dismissal, and on top of that there is usually a stand-down of 1 or 2 weeks, and holiday pay in your final pay can push the first payment back further.

Three things can change the picture:

• You are challenging the dismissal. Work and Income can pay conditionally if you challenge it, for example by raising a personal grievance or taking legal proceedings. You sign a statement agreeing to repay everything paid in the 13 weeks if the misconduct is proven, and possibly some or all of it if you win wages or compensation. It needs proof, such as evidence you have a union, lawyer, community law centre or advocate acting for you, or a letter from Mediation Services or the Employment Relations Authority. MSD has said that lodging a grievance and then not progressing it may not be enough.
• Six weeks of approved activity or work. Under sections 323 and 324, the rest of the 13 weeks lapses after six continuous weeks of an approved activity, or six weeks of approved employment. A benefit can be paid during the activity, but it has to be repaid if you do not complete it.
• Work and Income's own discretion. Section 228 lets it decide the rule should not apply to you.

Thirteen weeks without income is the first thing to plan for. In the demo, which needs no account, the money runway takes your savings, your weekly outgoings and the date you expect the first benefit payment, and shows the week your savings would run out, so you can see whether the gap is survivable and plan around it. Our guide to job hunting on Jobseeker Support covers what you are asked to do once payments start.

The 90-day window for a personal grievance

If you think the dismissal was unjustified, the deadline matters more than anything else. Employment New Zealand says you must raise a personal grievance with your employer within 90 days of the issue arising or coming to your attention, whichever is later, and for a dismissal that means 90 days from the end of your employment. After that, you need your employer's agreement, or the Employment Relations Authority must accept there were exceptional circumstances.

Raise it clearly and in writing, saying what your complaint is and why. Employment New Zealand has a sample letter, and its phone line on 0800 20 90 20 can explain your options, including free mediation. If you do not know why you were dismissed, you can ask for a written statement of the reasons within 60 days of finding out, and your employer must provide it within 14 days.

The outcome can change more than money. Employment New Zealand lists examples of what people agree at mediation, including an agreement not to speak badly about each other and a reference from the employer to help find a new job. A signed record of settlement is final, so get advice before you sign. Our article on personal grievances explains the process in full. Be aware, too, that the Authority must consider whether your own behaviour contributed, which can reduce what it awards.

A trial-period exit is not a misconduct dismissal

Under a valid trial period of up to 90 calendar days, an employer can end your employment without a good reason, without a fair process and without giving you a written reason. You usually cannot raise a personal grievance for unjustified dismissal, though there are exceptions, such as starting work before you signed the agreement or the agreement not mentioning the trial at all.

For Jobseeker Support, Work and Income's policy treats losing a job during an agreed trial as a good and sufficient reason, so the 13-week period should not be imposed, unless the employer alleges misconduct. Work and Income also says you may have a shorter stand-down.

In an interview, the honest description is usually simple: the trial ended and the role was not the right fit. You do not need to guess at a reason you were never given.

Explaining it in an interview

The answer that works is short, true and pointed forward: what happened in one sentence, what you learned or changed, and why this role suits you. A false answer is the riskiest choice, because a reference check can tell a different story.

After a performance dismissal:

After a misconduct dismissal, own it without the detail:

After a trial-period exit:

On your CV, list the role with its dates like any other and let your achievements carry it. Keep the explanation for the interview, where you can give it in your own words. Our article on explaining redundancy in an interview covers the same rehearsal method, and practising out loud is what makes these answers sound calm.

Choosing referees, and what a former employer can say

You choose your referees, though some employers ask for your most recent manager. A manager from an earlier role, a colleague who saw your work, or a supervisor from another part of the same employer can all speak to you fairly. Ask them first, and tell them honestly what happened so nothing surprises them.

The law sets limits on the former employer. Under the Privacy Act 2020, an organisation must not disclose your personal information unless an exception applies, such as you authorising it, and it must take reasonable steps to make sure what it does disclose is accurate and not misleading. The Privacy Commissioner says a former employer giving an unsolicited reference to your new employer is unlikely to fit any exception. Employment New Zealand adds that an employer does not have to give a reference, but if it does, it must be truthful.

Some points to know:

• Statement of service. You can ask for one, and Employment New Zealand says it normally includes the position you held, how long you worked there and your reason for leaving.
• Public sector roles. Employment New Zealand notes that public sector employers are expected to disclose serious misconduct if a potential employer asks.
• Seeing what was said. You can ask an organisation for the personal information it holds about you, though a reference given in confidence can be withheld.

If you think a former employer has said something untrue or unauthorised, talk to them first, then the Privacy Commissioner, or get advice from a community law centre. Our guide to references and referees covers choosing and briefing referees in more detail.

Plan the gap, then the hunt