| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 15/05 |
| Determination date | 26 January 2005 |
| Member | G J Wood |
| Representation | Y Bruorton ; J Waterworth |
| Location | Wellington |
| Parties | Andrews v Department of Labour |
| Summary | PARENTAL LEAVE - Relief of irregularity - Applicant made oral application to employer for parental leave which commenced in January 2004 - Applicant subsequently undertook relief teaching at employer's request - In May 2004 paid parental leave application form sent to IRD - Received lump sum for past payment period - Respondent decided applicant not entitled to payments as had returned to work before IRD received application - Applicant disputed decision that she was unable to retain payments - Issue of correctness of respondent's definition of what constituted a return to work under parental leave legislation not determined - Assumed relief teaching constituted return to work - Dealt with as correction of irregularity of failure to submit application form before returning to work - Applicant's failure to provide written notice to employer of wish to take parental leave also an irregularity - If employer had given applicant information about parental leave as required then she would not have undertaken relief teaching work - Reasonable to grant relief having regard to employer's omission and applicant's good faith - Applicant entitled to retain parental leave payments made to her - Teacher |
| Result | Application granted ; No order for costs |
| Statutes | Parental Leave and Employment Protection Act 1987 s65;Parental Leave and Employment Protection Act 1987 s68(5);Parental Leave and Employment Protection Act 1987 s71I;Parental Leave and Employment Protection Act 1987 s71K;Parental Leave and Employment Protection Act 1987 s71T |
| Number of Pages | 5 |
| PDF File Link: | wa 15_05.pdf [pdf 21 KB] |