| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2013] NZERA Wellington 117 |
| Determination date | 27 September 2013 |
| Member | G J Wood |
| Representation | M Holly (in person) ; A Leulu |
| Parties | Holly v Ministry of Business, Innovation and Employment |
| Summary | PARENTAL LEAVE - Application dismissed |
| Abstract | Applicant (Ms Holly) sought review of respondent’s (Ministry of Business, Innovation and Employment) decision applicant not eligible for paid parental leave (“PPL”). Applicant employed as teacher aide in Education and Training sector. Applicant worked in same classroom between 2007 and 2013. In 2013 running of classroom taken over by different school. Applicant claimed entitled to PPL as applicant continuously paid by Ministry of Education and continued doing same job. Applicant claimed Parental Leave and Employment Protection Act 1987 (“PLEPA”) provided exemption for teachers in applicant’s situation.;AUTHORITY FOUND –;PARENTAL LEAVE: Although applicant continued doing same job, applicant legally employed by new employer in 2013. PLEPA s2AC provided where teacher employed by more than one Board of Trustees to work in more than one state or integrated school, employments to be treated as one employment. Exemption only applied to teachers as defined in Education Act 1989 s91A. Definition did not extend to teacher aides. Applicant failed to reach threshold of eligibility for PPL. Situation could not be rectified by discretion as discretion did not extend to eligibility. Applicant not entitled to PPL. |
| Result | Application dismissed; No order for costs |
| Main Category | Parental Leave |
| Statutes | Education Act 1989 s91A - Parental Leave and Employment Protection Act 1987 s7 - Parental Leave and Employment Protection Act 1987 s2A - Parental Leave and Employment Protection Act 1987 s2AC |
| Number of Pages | 3 |
| PDF File Link: | 2013_NZERA_Wellington_117.pdf [pdf 133 KB] |