| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2012] NZERA Wellington 55 |
| Determination date | 29 May 2012 |
| Member | P R Stapp |
| Parties | Ahipene v The Chief Executive of the Department of Labour |
| Summary | PARENTAL LEAVE – Applicant sought review of respondent’s decision applicant not eligible for paid parental leave (“PPL”) – Authority found applicant’s employment must be with same employer – Found no transfer of entire trade or business or undertaking – Applicant not entitled to PPL – Addictions counsellor |
| Abstract | Applicant sought review of respondent’s decision that applicant not eligible for paid parental leave (“PPL”). Applicant’s first employer (“W”) had contract with District Health Board (“DHB”) and employed applicant as addictions counsellor. DHB awarded contract to second employer (“C”). Applicant made redundant by W and employed by C on same date performing same work. Respondent claimed applicant ineligible for PPL because applicant not employed by C for required time and change of applicant’s employer did not meet transfer requirements of Parental Leave and Employment Protection Act 1987 (“PLEPA”).;AUTHORITY FOUND –;PARENTAL LEAVE: Applicant’s employment must be with same employer. Awarding of contract to C in place of W by DHB not transfer of entire trade or business or undertaking because no transfer arrangements. Not sufficient that applicant’s role and pay remained the same as applicant’s employment with W terminated. C entirely new organisation that obtained contract from DHB and no continuity arrangement. Authority noted apparent gap in PLEPA that may require parliamentary attention. Applicant not entitled to PPL. |
| Result | Application dismissed; No order for costs |
| Main Category | Parental Leave |
| Statutes | ERA s5;Parental Leave and Employment Protection Act 1987 s2;Parental Leave and Employment Protection Act 1987 s7;Parental Leave and Employment Protection Act 1987 s71A;Parental Leave and Employment Protection Act 1987 s71D(c);Parental Leave and Employment Protection Act 1987 s71ZB;Parental Leave and Employment Protection Act 1987 First Schedule;Parental Leave and Employment Protection Act 1987 First Schedule cl1 |
| Cases Cited | Phoenix Freight Ltd v Hodge [1995] 2 ERNZ 100 |
| Number of Pages | 5 |
| PDF File Link: | 2012_NZERA_Wellington_55.pdf [pdf 105 KB] |