| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2013] NZERA Wellington 76 |
| Determination date | 03 July 2013 |
| Member | M Ryan |
| Representation | J Peck (in person) ; A Leulu |
| Parties | Peck v Chief Executive, Ministry of Business, Innovation and Employment (formerly the Department of Labour) |
| Summary | PARENTAL LEAVE – Applicant sought review of respondent’s decision applicant not eligible for paid parental leave (“PPL”) – Authority found familial relationship of grand-nephew did not fall within category of relative under Adoption Act 1955 – Found applicant failed to comply with notice requirements – Found applicant failed to assume care of child with view to adoption – Found applicant acted in good faith and failure to comply reasonable in circumstances - Applicant entitled to PPL |
| Abstract | Applicant sought review of respondent’s decision applicant not eligible for paid parental leave (“PPL”). Applicant agreed to adopt child of niece. Applicant sought and received approval from employer for PPL. Applicant’s grand-nephew born and applicant assumed care of child with niece’s permission. Proceedings to adopt filed in Family Court. On further examination respondent determined applicant not entitled to PPL because approval by social worker or interim adoption order not provided. Applicant claimed did not obtain approval from social worker as applicant advised child qualified as relative. No interim order existed as applicant assumed care of child and took child home. Respondent claimed applicant had not assumed care of child with view to adoption as did not comply with obligations to provide proper notice under s33 Parental Leave and Employment Protection Act 1987 (“PLEPA”). Applicant claimed vague and confusing advice from respondent.;AUTHORITY FOUND-;PARENTAL LEAVE: Familial relationship of grand-nephew did not fall within category of relative under Adoption Act 1955. Applicant assumed care of child based on honest belief child qualified as relative and no other formal steps required. Applicant commenced proceedings in Family Court to become legal parent. Applicant failed to comply with notice requirements under s33 PLEPA. Applicant failed to assume care with view to adoption pursuant to processes set out in Adoption Act 1955 but applicant acted in good faith. Failure to comply with notice requirements technical rather than substantive and reasonable in circumstances. Applicant entitled to PPL. |
| Result | Application granted; Disbursements in favour of applicant ($71.56)(filing fee); No order for costs |
| Main Category | Parental Leave |
| Statutes | Adoption Act 1955 s2 - Adoption Act 1955 s6 - Adoption Act 1955 s6(4) - Parental Leave and Employment Protection Act 1987 s8 - Parental Leave and Employment Protection Act 1987 s31 - Parental Leave and Employment Protection Act 1987 s33 - Parental Leave and Employment Protection Act 1987 s33(a) - Parental Leave and Employment Protection Act 1987 s33(b) - Parental Leave and Employment Protection Act 1987 s71D - Parental Leave and Employment Protection Act 1987 s68(4) - Parental Leave and Employment Protection Act 1987 71CA - Parental Leave and Employment Protection Act 1987 s71D - Parental Leave and Employment Protection Act 1987 s71ZB |
| Number of Pages | 7 |
| PDF File Link: | 2013_NZERA_Wellington_76.pdf [pdf 159 KB] |