| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 325/05 |
| Hearing date | 9 Aug 2005 |
| Determination date | 25 August 2005 |
| Member | L Robinson |
| Representation | T Burke (in person) ; R Riddell-Garner |
| Location | Auckland |
| Parties | Burke v The Secretary of the Department of Labour |
| Summary | PARENTAL LEAVE – Application for relief under Parental Leave and Employment Protection Act – Application for paid parental leave declined by IRD because lodged after applicant returned to work – Applicant deemed unfit for work from 21 Jan 2004 until 15 June 2004 – In June 2004, applicant telephoned DOL Infoline and was advised that because she had not actually worked during her period of unfitness, she was not eligible to apply for PPL – Accordingly, applicant did not make an application – On 11 April 2005 applicant again called the Infoline – Was suggested that she obtain a medical certificate and letter from the school to confirm her availability to work had it not been for her medical unfitness – In same discussion was advised was not worthwhile making application for PPL because she had returned to work in the 13 week period after her daughter was born – Applicant took matter up with IRD who indicated was misinformation from Infoline and advised her to make an application – Applicant alleged she would not have returned to work before period of leave ended if had been given correct information from Infoline – Applicant required relief in respect of both the payment for parental leave and the fact that she did not take any parental leave – Since applicant did not work from 21 Jan to 15 Jun 2004 was prima facie ineligible for PPL pursuant to s72A – Absence not leave without pay since applicant was a relief teacher – Rather, she was simply unable to accept casual work – Section 2AC looked at – Unable to say applicant given incorrect advice from Infoline – Application dismissed - Relieving teacher |
| Result | Application dismissed ; No order for costs |
| Statutes | Parental Leave and Employment Protection Act 1987;Parental Leave and Employment Protection Act 1987 s2AC;Parental Leave and Employment Protection Act 1987 s68;Parental Leave and Employment Protection Act 1987 s71D(1)(b);Parental Leave and Employment Protection Act 1987 s72A |
| Number of Pages | 5 |
| PDF File Link: | aa 325_05.pdf [pdf 63 KB] |