| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2015] NZERA Christchurch 103 |
| Determination date | 23 July 2015 |
| Member | M B Loftus |
| Representation | P Payton ; E Tait |
| Location | Christchurch |
| Parties | Khan v Minstriy of Business, Innovation and Employment |
| Summary | PARENTAL LEAVE – Applicant sought review of respondent’s decision applicant not eligible for paid parental leave (“PPL”) – Child adopted overseas – Applicant on work visa - Applicant applied for PPL before adoption formalised - Whether applicant fulfilled notice requirements of Parental Leave and Employment Protection Act 1987 (“PLEPA”) – Whether Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (“Hague Convention”) applied |
| Abstract | AUTHORITY FOUND –PARENTAL LEAVE: Notice requirements of PLEPA did not apply as adoption did not take place under New Zealand law. Adoption properly authorised under Fijian law and so accorded validity under New Zealand law. Hague Convention did not apply as applicant not habitual resident of New Zealand. Applicant entitled to PPL. |
| Result | Application granted ; Costs reserved |
| Main Category | Parental Leave |
| Statutes | Parental Leave and Employment Protection Act 1987 s8(1)(a);Parental Leave and Employment Protection Act 1987 s33;Parental Leave and Employment Protection Act 1987 s68;Parental Leave and Employment Protection Act 1987 s71D;Adoption Act 1955 s 6;Adoption Act 1955 s17;Adoption Act 1955 s17(2A);Adoption Act 1955 s17(5) |
| Number of Pages | 5 |
| PDF File Link: | 2015_NZERA_Christchurch_103.pdf [pdf 98 KB] |