| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2014] NZERA Wellington 120 |
| Determination date | 27 November 2014 |
| Member | M Ryan |
| Representation | C Grey (in person) ; G La Hood |
| Parties | Grey v Chief Executive, Ministry of Business, Innovation and Employment |
| Summary | PARENTAL LEAVE - Applicant sought review of respondent's decision applicant not eligible for paid parental leave (PPL") - Adoption - Whether applicant eligible self-employed person - Requirement to work as self-employed person for at least average of 10 hours a week over the immediately preceding 6 or 12 months - Whether applicant required to work every week to be eligible - Applicant ceased work prior to assuming care of child" |
| Abstract | AUTHORITY FOUND -PARENTAL LEAVE: Eligibility established by averaging total hours of work undertaken over 6 or 12 month period. Words of statute did not necessitate an otherwise eligible self-employed person to work every week during statutory timeframe. Section 72A required employee of employer to work at least 1 hour every week to be eligible however section applied only to employees. No equivalent section for self-employed persons. No provision allowing self-employed persons to commence parental leave prior to expected date of delivery or assumption of care. But for early application applicant should have been eligible. Early application procedural irregularity from which relief available. Applicant entitled to PPL. |
| Result | Application granted; Costs reserved |
| Main Category | Parental Leave |
| Statutes | Interpretation Act 1999 s5(1);Parental leave and Employment Protection Act 1987 s2;Parental leave and Employment Protection Act 1987 s10Parental leave and Employment Protection Act 1987 s10(b);Parental leave and Employment Protection Act 1987 s11;Parental leave and Employment Protection Act 1987 s11(b);Parental leave and Employment Protection Act 1987 s12;Parental leave and Employment Protection Act 1987 s37;Parental leave and Employment Protection Act 1987 s68;Parental leave and Employment Protection Act 1987 s68(6);Parental leave and Employment Protection Act 1987 s71CB;Parental leave and Employment Protection Act 1987 s71CB(1)(b)(i);Parental leave and Employment Protection Act 1987 s71CB(1)(b)(ii);Parental leave and Employment Protection Act 1987 s71CC;Parental leave and Employment Protection Act 1987 s71Cc(2)(b);Parental leave and Employment Protection Act 1987 s71DA(1)(a);Parental leave and Employment Protection Act 1987 s71ZB;Parental leave and Employment Protection Act 1987 s72A;Parental leave and Employment Protection Act 1987 s72A(b);Parental leave and Employment Protection Act 1987 |
| Cases Cited | Commerce Commission v Fonterra Co-operative Group Ltd [2007] 3 NZLR 767 |
| Number of Pages | 8 |
| PDF File Link: | 2014_NZERA_Wellington_120.pdf [pdf 188 KB] |