| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 141/05 |
| Determination date | 31 October 2005 |
| Member | H Doyle |
| Location | Christchurch |
| Parties | McAuley v Department of Labour |
| Summary | PARENTAL LEAVE - Applicant filled in application form for paid parental leave prior to due date of birth and sent form to employer to complete - Did not realise that employer was to have sent form back to her, for her to send to Inland Revenue Department (IRD") - Appeared form either mislaid or lost - Applicant sent form to IRD upon return to work - Applied to Authority for relief in respect of irregularity - Respondent accepted application being received by IRD after applicant returned to work was an irregularity - Applicant acted in timely fashion when became aware form had not been sent - Authority waived irregularity and confirmed applicant entitled to parental leave payment - Senior Research Fellow" |
| Result | Application granted ; No order for costs |
| Statutes | Parental Leave and Employment Protection Act 1987 s68(2)(b);Parental Leave and Employment Protection Act 1987 s68(3);Parental Leave and Employment Protection Act 1987 s68(5);Parental Leave and Employment Protection Act 1987 s71D;Parental Leave and Employment Protection Act 1987 s71I |
| Cases Cited | Re: Neill unreported, R Monaghan, 16 January 2004, AA 23/04 |
| Number of Pages | 2 |
| PDF File Link: | ca 141_05.pdf [pdf 11 KB] |