Benefits

Can an employer refuse to employ me because I’m on a benefit under the Social Security Act such as the sickness benefit, or unemployed, or if I am receiving Accident Compensation Commission (ACC) payments?

No, the Act prohibits discrimination against those who are unemployed or receiving ACC payments or social security benefits. It also prohibits discrimination ABC because a person has previously been unemployed or received ACC payments or social security benefits.

An employer should avoid asking questions about being in receipt of social security benefits or ACC payments or being unemployed. Questions like this could be seen as indicating an intention to breach the Act and lead to complaints. Once someone has started work, continued receipt of ACC compensation or benefit payments could be unlawful.

Questions about a job applicant’s employment history should be seeking to determine ability to do the job and not why the applicant was absent from the workforce.