New Zealand Law
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This can ultimately depend on what is in the employment contract and in the superannuation scheme. Unfortunately some contracts and schemes to permit the employer to withhold their share in this situation. For this reason some employees in the situation of your partner choose to resign so that they keep their superannuation if there is a chance they will otherwise be fired. So your next step should be to check the employment contract and the superannuation scheme to see if this is possible.