Restrictions OK
Jurisdiction Employment Relations Authority - Christchurch
Reference No [2016] NZERA Christchurch 41
Determination date 06 April 2016
Member Christine Hickey
Representation N Kerapa (in person) ; C Milnes
Location Christchurch
Parties Kerapa v Ministry of Business, Innovation & Employment
Summary PARENTAL LEAVE – Applicant sought review of respondent’s decision applicant not eligible for paid parental leave (“PPL”)
Abstract AUTHORITY FOUND -;PARENTAL LEAVE: Applicant greatly disadvantaged by reliance on advice from IRD. Applicant would have remained with previous employer until parental leave began. Equity and good conscience discretion exercised. Within public interest to allow PPL entitlement had applicant received correct advice. Applicant entitled to PPL.
Result Application granted ; Costs to lie where they fall
Main Category Parental Leave
Statutes ERA s157;Parental Leave and Employment Protection Act 1987 s7;Parental Leave and Employment Protection Act 1987 s71CA;Parental Leave and Employment Protection Act 1987 s71I;Parental Leave and Employment Protection Act 1987 s71IA;Parental Leave and Employment Protection Act 1987 s71ZB
Number of Pages 7
PDF File Link: 2016_NZERA_Christchurch_41.pdf [pdf 235 KB]