| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 164/05 |
| Determination date | 19 December 2005 |
| Member | H Doyle |
| Representation | K Evans (in person) ; N Szeto |
| Location | Christchurch |
| Parties | Evans v Department of Labour |
| Summary | PARENTAL LEAVE - Application for relief of irregularity under s68(3) Parental Leave and Employment Protection Act 1987 (PLEPA") - Applicant did not give written notice to employer of intention to take parental leave - Applicant's application for paid parental leave not received by Inland Revenue Department until after fixed term employment agreement with employer expired - Applicant unaware she was eligible to qualify for paid parental leave until conversation with respondent after birth - Authority satisfied that applicant was unaware of amendments to PLEPA and her failure to give written notice to her employer was in good faith and reasonable in this case - Once she became aware of entitlement she acted promptly and delay from that point was caused by employer - Irregularities waived - Applicant entitled to parental leave" |
| Result | Application granted ; No order for costs |
| Statutes | Parental Leave and Employment Protection Act 1987 s68(2)(a);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(4);Parental Leave and Employment Protection Act 1987 s68(5);Parental Leave and Employment Protection Act 1987 s71(3)(a);Parental Leave and Employment Protection Act 1987 s71D;Parental Leave and Employment Protection Act 1987 s71I |
| Number of Pages | 3 |
| PDF File Link: | ca 164_05.pdf [pdf 15 KB] |