| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 209/05 |
| Hearing date | 3 Jun 2005 |
| Determination date | 08 June 2005 |
| Member | V Campbell |
| Representation | LM Isherwood (in person) ; J Waterworth |
| Location | Auckland |
| Parties | Isherwood v Department of Labour |
| Summary | PARENTAL LEAVE - Takeaway bar applicant worked for changed owners twice over seven month period - Applicant left work after second change of ownership but before baby's expected date of delivery - Respondent advised applicant she was not eligible for paid parental leave because was no longer an employee - Application for relief in respect of an irregularity in application for paid parental leave - Applicant alleged Schedule of Parental Leave and Employment Protection Act applied making her employment continuous - To be eligible for paid parental leave employees must have been employed by same employer during 12 months immediately preceding expected date of delivery - Applicant not entitled to parental leave - Authority's jurisdiction limited to remedying procedural irregularities and did not extend to remedying ineligibility - COSTS - Costs to lie where they fall - Manager |
| Result | Application dismissed ; Costs to lie where they fall |
| Statutes | ERA s161(1)(r);Parental Leave and Employment Protection Act 1987 s7;Parental Leave and Employment Protection Act 1987 s68;Parental Leave and Employment Protection Act 1987 s68(5);Parental Leave and Employment Protection Act 1987 s71A;Parental Leave and Employment Protection Act 1987 s71D;Parental Leave and Employment Protection Act 1987 Part 7A;Parental Leave and Employment Protection Act 1987 Schedule |
| Number of Pages | 3 |
| PDF File Link: | aa 209_05.pdf [pdf 14 KB] |