| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 70/03 |
| Determination date | 15 May 2003 |
| Member | P R Stapp |
| Representation | A Gallie |
| Location | Wellington |
| Parties | Brown v Department of Corrections |
| Summary | INTERIM ORDER - Ex parte application for reinstatement under s55(1) Parental Leave and Employment Act 1987 - Applicant on parental leave or special leave without pay - When applicant indicated intention to return to work was advised there were no vacancies available - Applicant believed she was dismissed - Dispute over whether leave was parental leave or special leave - Applicant had not provided undertaking for damages - Not adequately established that applicant had taken reasonable steps to use procedure available under Parental leave and Employment Protection Act 1987 - Arguable case - Not a case where discretion of Authority should be exercised on ex parte basis - Should have been opportunity for parties to endeavour to resolve matter directly and if necessary involve mediation services - Leave granted for applicant to return to hearing with respondent being heard if necessary - Prison officer |
| Result | Application dismissed ; No order for costs |
| Statutes | ERA s240;Parental Leave and Employment Protection Act 1987 s49(1);Parental Leave and Employment Protection Act 1987 s55(1);Parental Leave and Employment Protection Act 1987 s55(3);Parental Leave and Employment Protection Act 1987 s57;Parental Leave and Employment Protection Act 1987 s65;Parental Leave and Employment Protection (Paid Parental Leave) Amendment Act 2002 s14 |
| Cases Cited | Baker v Armourguard Security Ltd [1998] 1 ERNZ 424 |
| Number of Pages | 7 |
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