| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 244/04 |
| Hearing date | 19 May 2004 |
| Determination date | 06 August 2004 |
| Member | K J Anderson |
| Representation | B Manning ; J Rushton |
| Location | Auckland |
| Parties | Pearce v Department of Labour |
| Summary | JURISDICTION - Parental leave - Not parties to employment relationship - Authority had jurisdiction under ss5 and 161 of the Employment Relations Act 2000 - PARENTAL LEAVE - Objection to determination by principal labour inspector declining parental leave - Applicant required to rotate between district health boards as part of training - Not employed by one board for period of 12 months - Whether employed by associated employers for 12 month period - District health boards not companies - Separate and distinct legal entities - Not associated employers - Applicant not entitled to parental leave - COSTS - Nature of matter and respondent's role in relation to its function meant costs to lie where they fall |
| Result | Application dismissed ; Costs to lie where they fall |
| Statutes | ERA s5;ERA s161(1)(r);New Zealand Public Health and Disability Act 2000 s21(1);Parental Leave and Employment Protection Act 1987 s7;Parental Leave and Employment Protection Act 1987 s68(5);Parental Leave and Employment Protection Act 1987 s68(6);Parental Leave and Employment Protection Act 1987 s71A;Parental Leave and Employment Protection Act 1987 s71D;Parental Leave and Employment Protection Act 1987 First Schedule cl5;Parental Leave and Employment Protection Act 1987 First Schedule cl6 |
| Cases Cited | Waikato Rugby Union (Inc) v New Zealand Rugby Football Union (Inc) & Ors [2002] 1 ERNZ 752 |
| Number of Pages | 8 |
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