| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 268/05 |
| Hearing date | 20 Jun 2005 |
| Determination date | 14 July 2005 |
| Member | M Urlich |
| Representation | J Farry (Applicant in person) ; J Rushton |
| Location | Auckland |
| Parties | Farry v Department of Labour |
| Summary | PARENTAL LEAVE - Applicant (employee/shareholder) on parental leave from 1 August 2003 – 15 March 2004 - Did not file application for PPL because thought was ineligible – After learning was eligible, filed application on 13 October 2004 which was declined – Requested Authority to waive late application on grounds of irregularity – On basis of information given by DOL infoline employee applicant abandoned application for PPL (was told she was considered self employed and therefore ineligible) – DOL confirmed what applicant was told by infoline was consistent with information given out by the infoline in 2003 – Reasonable to have relied on information from infoline – Delay in filing application in October (had received advice from accountant that was entitled to PPL in June) must have been balanced with applicant’s early attempts to exercise right to PPL and her reliance on information from the infoline – Irregularity waived and applicant’s entitlement confirmed |
| Result | Application granted ; Costs to lie where they fall |
| Statutes | Parental Leave and Employment Protection Act 1987 s68;Parental Leave and Employment Protection Act 1987 s68(1);Parental Leave and Employment Protection Act 1987 s68(5) |
| Cases Cited | Lewis v Greene [2004] 2 ERNZ 55 |
| Number of Pages | 2 |
| PDF File Link: | aa 268_05.pdf [pdf 13 KB] |