| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 148/01 |
| Determination date | 03 October 2001 |
| Member | D Asher |
| Representation | Dromgool in person ; M McGoff |
| Location | Auckland |
| Parties | Dromgool v Caltex NZ Ltd |
| Summary | PARENTAL LEAVE - Alleged failure to comply with Parental Leave and Employment Protection Act 1987 - Alleged applied for and granted leave - Whether subsequent failure to allow leave - Whether agreement reached as to all leave or only partial agreement - Credibility - Evidence of respondent preferred - Original application not agreed to in entirety - Entitled to decline subsequent leave request - Short-notice, oral application outside provisions of PLEPA - UNJUSTIFIED DISADVANTAGE - Employed on IEC - Alleged compelled to accept terms of expired variation - Alleged threat of dismissal - Variation contained different hours - Whether on expiry of variation terms and conditions reverted to original contract - Variation did not provide term claimed by applicant - Plain terms of contract clear - No evidence in support of claim - No unreasonable or unjustifiable threat - Driver |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA s242;Parental Leave and Employment Protection Act 1987;Parental Leave and Employment Protection Act 1987 s20;Parental Leave and Employment Protection Act 1987 s21;Parental Leave and Employment Protection Act 1987 s22;Parental Leave and Employment Protection Act 1987 s31;Parental Leave and Employment Protection Act 1987 s33;Parental Leave and Employment Protection Act 1987 s35 |
| Number of Pages | 8 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |