| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 23/04 |
| Determination date | 16 January 2004 |
| Member | R A Monaghan |
| Representation | G Clarke, M Kelly ; D Cowdell |
| Location | Auckland |
| Parties | Re: Neill |
| Summary | PARENTAL LEAVE - Application for relief - Apparent failure to file application for payment for parental leave with Inland Revenue Department within time limit - IRD refused to make payment - Uncertain whether or when application filed - Calls made to IRD - Applicant's accountant faxed copy of application two weeks out of time - No record at IRD - Sought in good faith to exercise rights - Unsatisfactory way IRD handled application made it unjust to deprive application of entitlement - Irregularity waived |
| Result | Application granted ; No order for costs |
| Statutes | Parental Leave and Employment Protection Act 1987 s68;Parental Leave and Employment Protection Act 1987 s68(2)(b);Parental Leave and Employment Protection Act 1987 s68(3);Parental Leave and Employment Protection Act 1987 s68(4);Parental Leave and Employment Protection Act 1987 s68(5);Parental Leave and Employment Protection Act 1987 s71D;Parental Leave and Employment Protection Act 1987 s71D(4);Parental Leave and Employment Protection Act 1987 s71I;Parental Leave and Employment Protection Act 1987 s71I(2) |
| Cases Cited | Denley v Service Workers' Union of Aotearoa Inc [1994] 1 ERNZ 863 |
| Number of Pages | 4 |
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