| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 88/07 |
| Hearing date | 21 Mar 2007 |
| Determination date | 21 March 2007 |
| Member | V Campbell |
| Representation | K Jonkers (in person) ; N Szeto |
| Location | Auckland |
| Parties | Jonkers v The Chief Executive Department of Labour |
| Summary | PARENTAL LEAVE – Application for relief in respect of irregularity under Parental Leave and Employment Protection Act 1987 (“PLEPA”) – Employed as relief teacher on two fixed term agreements – Worked at one school first term and another in second term – During third term relieved at second school six weeks in total - Application for paid parental leave declined - Ineligible as not in employment with same employer for six months immediately preceding expected date of delivery – Section 2AC PLEPA provides for multiple employment situations for teachers employed by more than one Board of Trustees concurrently or consecutively - At end of both fixed term agreements employment ceased and paid holiday pay – At beginning of third term changed to day to day relieving and received holiday pay on “pay as you go” basis – Change meant employment ceased at end of each separate engagement – Employed as and when required – No intention employment would continue beyond end of each day to day engagement - Not “irregularity” for which Authority could grant relief under PLEPA s68 – Authority found (although only by few days) applicant’s employment ceased prior to expected date of delivery - Problem fundamental as did not meet PLEPA definition of eligible employee - Authority unable to assist applicant further |
| Result | Application dismissed ; Costs reserved |
| Main Category | Parental Leave |
| Statutes | Parental Leave and Employment Protection Act 1987 s2AC, Parental Leave and Employment Protection Act 1987 s7, Parental Leave and Employment Protection Act 1987 s68, Parental Leave and Employment Protection Act 1987 s71D, Parental Leave and Employment Protection Act 1987 s71D(2) |
| Number of Pages | 3 |
| PDF File Link: | aa 88_07.pdf [pdf 19 KB] |