| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 177/06 |
| Hearing date | 17 Nov 2006 |
| Determination date | 15 December 2006 |
| Member | P R Stapp |
| Representation | T Chapple (in person) ; N Szeto |
| Location | Wellington |
| Parties | Chapple v Department of Labour |
| Summary | PARENTAL LEAVE - Applicant sought to remedy irregularity under s68 Parental Leave and Employment Protection Act 1987 (“PLEPA”) – Application not opposed by respondent - Applicant contacted IRD and lodged what she thought was application for paid parental leave – Later found out form not related to parental leave payments – Subsequent application declined by IRD because received after applicant returned to work – Applicant was employee at relevant time – Entitled to paid parental leave – Failure to comply was in good faith and reasonable in all circumstances – Applicant did not receive Parental Tax Credit in respect of birth of child – Applicant continued to receive wage during period on parental leave – Entitlement to parental leave payments not affected by wage earned – Applicant entitled to paid parental leave for period of entitlement, as she took parental leave – Irregularity waived and time to apply extended |
| Result | Application granted ; No order for costs |
| Statutes | Parental Leave and Employment Protection Act 1987 s68;Parental Leave and Employment Protection Act 1987 s71P;Parental Leave and Employment Protection (Paid Parental Leave) Amendment Act 2002 s17;Parental Leave and Employment Protection (Paid Parental Leave for Self-Employed Persons) Amendment Act 2006 s18 |
| Number of Pages | 2 |
| PDF File Link: | wa 177_06.pdf [pdf 13 KB] |