| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 332/03 |
| Hearing date | 11 Sep 2003 |
| Determination date | 05 November 2003 |
| Member | J Wilson |
| Representation | H Thorpe ; B Lotter |
| Location | Auckland |
| Parties | Duncan v WillRich Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Parental leave - Whether entitled to parental leave and respondent required to keep position open - Whether initially employee or contractor - Initially engaged as independent contractor for specific project - Transferred to employee status less than 12 months before taking leave - Not entitled to parental leave - Dismissal justified - PERSONAL GRIEVANCE - Alleged discrimination due to pregnancy - Alleged comments about Mother's place at home with child - Conversation part of sympathy discussion - Not discrimination |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA s6;ERA s104;Parental Leave and Employment Protection Act 1987 s7;Parental Leave and Employment Protection Act 1987 s51 |
| Cases Cited | Bryson v Three Foot Six Ltd (2003) 7 NZELC 97,317 |
| Number of Pages | 7 |
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