| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 266/05 |
| Determination date | 13 July 2005 |
| Member | A Dumbleton |
| Representation | MC Keegan (in person) ; J Waterworth |
| Location | Auckland |
| Parties | Keegan v The Department of Labour |
| Summary | PARENTAL LEAVE - Application under s68 Parental Leave and Employment Protection Act 1987 to overcome irregularity of late application - Applicant took 12 weeks parental leave but did not make application under PLEPA to have leave paid because believed length of service (9 months) not long enough to be eligible - Amendment to Act came into force a few days before applicant commenced leave but she was unaware of change when it occurred – Her application was declined when she applied for paid parental after she returned to work – Under s71I(2) application must have been made before employee returned to work or before leave otherwise ended – Requirement mandatory and could not be waived by the Department of Labour - Suitable case for relief under s68 PLEPA – Timing of applicant’s parental leave happened to coincide with coming into force of amendment to PLEPA which significantly affected her rights – Irregularity waived – Application for payment for 12 weeks parental leave to be regarded as having been made within required time |
| Result | Application granted ; No order for costs` |
| Statutes | Parental Leave and Employment Protections Act 981 s68;Parental Leave and Employment Protections Act 981 s71I(2) |
| Number of Pages | 2 |
| PDF File Link: | aa 266_05.pdf [pdf 10 KB] |