| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 90/05 |
| Determination date | 30 May 2005 |
| Member | P R Stapp |
| Representation | R Alchin ; G Pollak |
| Location | Wellington |
| Parties | Fonterra Co-Operative Group Ltd v New Zealand Dairy Workers Union |
| Summary | DISPUTE – Application, interpretation and operation of parental leave policy – Policy provided for paid parental leave for “support caregiver” and “primary caregiver” – Issue over how many times a “support caregiver” could utilise policy – Applicant alleged was limited to being able to utilise entitlement twice as was entitlement for primary caregiver – A support caregiver employee had taken two paid parental leave periods and applied for a third period of leave – Denied third period of leave – Provision restricted primary caregiver to paid parental leave twice under policy (and thereafter under provisions of Parental Leave and Employment Protection Act) – Were differences between paid leave entitlements for primary caregivers and support caregivers - The separate categories had mutually inclusive provisions under separate headings - On the plain meanings of the words the provision enabled support caregivers to apply more than twice for the leave entitlement - Support caregiver |
| Result | Question answered in favour of respondent |
| Statutes | Parental leave and Employment Protection Act 1987 |
| Number of Pages | 4 |
| PDF File Link: | wa 90_05.pdf [pdf 20 KB] |