| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2012] NZERA Wellington 132 |
| Determination date | 26 October 2012 |
| Member | P R Stapp |
| Representation | G Ogilvie ; A Leulu |
| Parties | Petrowski v The Chief Executive of the Ministry of Business, Innovation and Employment (formerly 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 employed continuously by employer under different employment arrangements and worked in excess of 10 hours per week in immediately preceding twelve months – Applicant entitled to PPL – Relief teacher |
| Abstract | Applicant sought review of respondent’s decision applicant not eligible for paid parental leave (“PPL”). Applicant employed as relief teacher at school under employment agreement (“EA”) applying to all subsequent relieving appointments. Applicant employed subsequently on four month fixed term EA. Following year applicant continued relief teaching after expiry of fixed term EA. Applicant did not work during school holidays but paid holiday pay. Respondent claimed applicable period of employment limited to applicant’s last four months of employment after expiry of fixed term EA and applicant not employed for minimum period before expected date of delivery.;AUTHORITY FOUND –;PARENTAL LEAVE: Aside from four month fixed term EA applicant engaged under EA applying to all subsequent relieving appointments. Applicant returned to work for four months after expiry of fixed term EA and paid holiday pay in accordance with usual teaching arrangements. Applicant employed continuously by school under different employment arrangements and worked in excess of 10 hours per week in immediately preceding twelve months. Applicant took maternity leave and any irregularity in timing and nature of application waived as technicality. Applicant entitled to PPL. |
| Result | Application granted; Costs reserved |
| Main Category | Parental Leave |
| Statutes | Parental Leave and Employment Protection Act 1987;Parental Leave and Employment Protection Act 1987 s68;Parental Leave and Employment Protection Act 1987 s71;Parental Leave and Employment Protection Act 1987 s71ZB |
| Number of Pages | 4 |
| PDF File Link: | 2012_NZERA_Wellington_132.pdf [pdf 95 KB] |