| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 91 |
| Determination date | 18 March 2013 |
| Member | E Robinson |
| Representation | O Crosby (in person) ; A Leulu |
| Parties | Crosby v Ministry of Business, Innovation & Employment |
| Summary | PARENTAL LEAVE – Applicant sought review of respondent’s decision applicant not eligible for paid parental leave (“PPL”) – Authority found applicant’s period of self-employment before expected date of delivery less than period of self-employment required to be eligible for parental leave – Applicant not entitled to PPL |
| Abstract | Applicant sought review of respondent’s decision applicant not eligible for paid parental leave (“PPL”). Applicant self-employed and engaged as independent contractor by local authority. Three months later applicant became fixed term employee of local authority. Eight months later applicant resumed work for local authority as independent contractor. Applicant’s expected date of delivery three months later.;AUTHORITY FOUND –;PARENTAL LEAVE: Applicant’s period of self-employment before expected date of delivery less than period of self-employment required to be eligible for PPL. Applicant’s period of employment with local authority not eligible period of employment as not immediately preceding expected date of delivery. Each period of applicant’s employment to be treated separately. Applicant not entitled to PPL. |
| Result | Application dismissed ; No order for costs |
| Main Category | Parental Leave |
| Statutes | Maternity Leave and Employment Protection Bill 1980;Parental Leave and Employment Protection Act 1987;Parental Leave and Employment Protection Act 1987 s1A;Parental Leave and Employment Protection Act 1987 s2A;Parental Leave and Employment Protection Act 1987 s7;Parental Leave and Employment Protection Act 1987 s71CB;Parental Leave and Employment Protection Act 1987 s71ZB;Parental Leave and Employment Protection Bill 1987 |
| Number of Pages | 5 |
| PDF File Link: | 2013_NZERA_Auckland_91.pdf [pdf 167 KB] |