| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2012] NZERA Auckland 244 |
| Determination date | 19 July 2012 |
| Member | K J Anderson |
| Representation | M Davidson ; I McColl |
| Parties | Jensen 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 nothing in Parental Leave and Employment Protection Act 1987 providing employee must be employed by New Zealand entity – Applicant entitled to PPL |
| Abstract | Applicant sought review of respondent’s decision that applicant not eligible for paid parental leave (“PPL”). Applicant Norwegian citizen employed by Norwegian entity. Applicant New Zealand permanent resident, married to New Zealand citizen and applicant’s child born in New Zealand. Applicant paid tax to New Zealand by virtue of New Zealand / Norway double taxation agreement and claimed no requirement for employer to be New Zealand employer. Respondent claimed applicant employed under Norwegian law and only employees employed under employment agreements governed by New Zealand law eligible for PPL.;AUTHORITY FOUND –;PARENTAL LEAVE: Nothing in Parental Leave and Employment Protection Act 1987 providing employee must be employed by New Zealand entity. Applicant New Zealand permanent resident, married to New Zealand citizen, had child born in New Zealand and subject to New Zealand tax regime. Applicant entitled to PPL. |
| Result | Application granted; Costs to lie where they fall |
| Main Category | Parental Leave |
| Statutes | ERA;ERA s6;Parental Leave and Employment Protection Act 1987;Parental Leave and Employment Protection Act 1987 s1A;Parental Leave and Employment Protection Act 1987 s2(1), definition of “employee”;Parental Leave and Employment Protection Act 1987 s7;Parental Leave and Employment Protection Act 1987 Part 7A;Parental Leave and Employment Protection Act 1987 s71A;Parental Leave and Employment Protection Act 1987 s71CA;Parental Leave and Employment Protection Act 1987 s71CA(1)(a);Parental Leave and Employment Protection Act 1987 s71D(1)(c);Parental Leave and Employment Protection Act 1987 s71ZB |
| Number of Pages | 6 |
| PDF File Link: | 2012_NZERA_Auckland_244.pdf [pdf 214 KB] |