| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 8 |
| Hearing date | 7 Jan 2015 |
| Determination date | 09 January 2015 |
| Member | A Fitzgibbon |
| Representation | M L McCarty (in person) ; Ministry Of Innovation And Employment (in writing) |
| Location | Auckland |
| Parties | McCarty v Ministry Of Business, Innovation And Employment |
| Summary | PARENTAL LEAVE - Applicant sought review of respondent's decision applicant not eligible for paid parental leave (PPL") - Applicant sent application but did not receive response - Approximately one year after returning to work applicant enquired as to why parental leave payments not made - Applicant informed IRD had not received application - Applicant made fresh application - Respondent declined application on grounds delays excessive and unreasonable" |
| Abstract | AUTHORITY FOUND -PARENTAL LEAVE: Applicants failure to take steps sooner to establish why she was not receiving payments not reasonable. Applicant chose not to follow up when no confirmation or payments received. Irregularity of application not reasonable. Applicant not eligible for PPL. |
| Result | Application dismissed; No order for costs |
| Main Category | Parental Leave |
| Statutes | Parental Leave and Employment Protection Act 1987 s71CA;Parental Leave and Employment Protection Act 1987 s71I(2)(a);Parental Leave and Employment Protection Act 1987 s71IA;Parental Leave and Employment Protection Act 1987 s71ZB |
| Cases Cited | Clark v Department of Labour unreported, D King, 20 Dec 2010, AA 522/10;Jansen v Department of Labour unreported, H Doyle, 1 July 2010, CA 142/10 |
| Number of Pages | 5 |
| PDF File Link: | 2015_NZERA_Auckland_8.pdf [pdf 155 KB] |