Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No [2016] NZERA Auckland 273
Determination date 12 August 2016
Member Rachel Larmer
Representation A Rogerson (in person); C Milnes
Location Auckland
Parties Rogerson 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”) – Private adoption
Abstract AUTHORITY FOUND –;PARENTAL LEAVE: Applicant failed to obtain “prior approval” from social worker before taking child home. Applicant not advised of need for approval letter. Applicant proactively tried to comply with all legal obligations and acted in good faith at all times. Appropriate to exercise discretion to remedy defect in application. Applicant entitled to PPL.
Result Application granted ; Orders made ; 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;Parental Leave and Employment Protection Act 1987 s9;Parental Leave and Employment Protection Act 1987 s31;Parental Leave and Employment Protection Act 1987 s32;Parental Leave and Employment Protection Act 1987 s33;Parental Leave and Employment Protection Act 1987 s68
Number of Pages 5
PDF File Link: 2016_NZERA_Auckland_273.pdf [pdf 94 KB]