| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 318 |
| Determination date | 22 July 2014 |
| Member | A Fitzgibbon |
| Representation | J Montford (in person) ; A Graham |
| Parties | Montford v 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") - Whether applicant assumed care with view to adoption - Home for Life arrangement" |
| Abstract | AUTHORITY FOUND -;PARENTAL LEAVE - Applicant assumed care of child with view to adopt when and if biological parents agreed to adoption. Applicant received required approval from social worker and approval notified to respondent. If notification not strictly in accordance with Act matter of form not substance. 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 | 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 s71CA;Parental Leave and Employment Protection Act 1987 s71D;Adoption Act 1955;Adoption Act 1955 s6;Adoption Act 1955 s6(1)(a) |
| Number of Pages | 5 |
| PDF File Link: | 2014_NZERA_Auckland_318.pdf [pdf 161 KB] |