| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 227/06 |
| Determination date | 30 June 2006 |
| Member | L Robinson |
| Representation | S Robertson (in person) ; N Szeto |
| Location | Auckland |
| Parties | Robertson v The Chief Executive of the Department of Labour |
| Summary | PARENTAL LEAVE - Application for relief in respect of irregularity under Parental Leave and Employment Protection Act 1987 (PLEPA") - Applicant intended to return to work from parental leave on 24 April 2006 - Accepted day-to-day relief work from 13 February 2006 and worked 28 full days and two half days over rest of term - Applied for paid parental leave on 13 April 2006 - Inland Revenue Department advised applicant that under s71L PLEPA she was ineligible for paid parental leave because she had returned to work before period of parental leave had ended - Section 71L did not of itself preclude entitlement and merely described duration of payment - Authority of view that IRD was actually referring to 71I PLEPA - Section 71I(2) stated that application for payment must be made before date on which employee returned to work or parental leave otherwise ended - "Returns to work" was to be interpreted as synonymous with end of period of parental leave - Relief work was not a return to work for purposes of s71I because applicant's "work" was full time position at school - Period of leave unaffected by casual relief work she performed - Casual relief work (typically intermittent) was not sufficient employment for eligibility and ought not qualify as employment or work for present purposes either - Application made before applicant returned to work as full-time teacher - No irregularity - Authority confirmed applicant's right to exercise her rights and benefits in respect of parental leave payment - Teacher" |
| Result | Orders accordingly |
| Statutes | Parental Leave and Employment Protection Act 1987 s68(6)(a);Parental Leave and Employment Protection Act 1987 s71I;Parental Leave and Employment Protection Act 1987 s71L |
| Number of Pages | 3 |
| PDF File Link: | aa 227_06.pdf [pdf 97 KB] |