| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 341/04 |
| Determination date | 20 October 2004 |
| Member | L Robinson |
| Representation | P Cranney, M Braithwaite ; D France |
| Location | Auckland |
| Parties | Quince v The Vice-Chancellor of the University of Auckland |
| Summary | PARENTAL LEAVE - Paid parental leave - Policy provided applicant entitled to more favourable of contractual or statutory paid parental leave - Applicant granted paid parental leave under collective agreement - When applied for parental leave statutory leave not available - After statutory amendment applicant sought statutory paid parental leave - University declined to endorse IR880 application form - IRD could not grant statutory paid parental leave since application out of time - Respondent could not deny statutory entitlement by refusing to sign form - Statutory leave not affected by any contractual entitlements - Policy contrary to law - Applicant had parental leave complaint - Parties agreed an employee would not receive both entitlements - No loss suffered since applicant received more favourable entitlement |
| Result | Application granted ; Costs reserved |
| Statutes | Parental Leave and Employment Protection Act 1987 s56;Parental Leave and Employment Protection Act 1987 s57;Parental Leave and Employment Protection Act 1987 s58;Parental Leave and Employment Protection Act 1987 s65;Parental Leave and Employment Protection Act 1987 s66;Parental Leave and Employment Protection Act 1987 s71D;Parental Leave and Employment Protection Act 1987 s71I;Parental Leave and Employment Protection Act 1987 s71P;Parental Leave and Employment Protection (Paid Parental Leave) Amendment Act 2002 |
| Number of Pages | 5 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |