| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 148/07 |
| Determination date | 02 November 2007 |
| Member | P R Stapp |
| Representation | P Toroa (in person) ; N Szeto |
| Location | Wellington |
| Parties | Toroa v Department of Labour |
| Summary | PARENTAL LEAVE – Applicant sought determination on respondent’s ruling deeming applicant ineligible for paid parental leave – Applicant took legal guardianship of child through Parenting and Guardianship Orders – Applicant granted 52 weeks parental leave by employer – Given leave for full time guardians not provided for in Parental Leave and Employment Protection Act 1987 (PLEPA"), leave was wider application of parental leave - Under s71CA(2) PLEPA rights and benefits to non-statutory parental leave ignored when considering whether person eligible employee – Sections 7 and 8 PLEPA restricted entitlement to statutory parental leave to pregnancy and adoptions under Adoption Act 1955 – Legal guardianship not deemed as one of methods by which child taken into care for adoption under PLEPA – Applicant not adopting child – No evidence supporting s33 criteria met – Applicant not entitled to paid parental leave" |
| Result | Application dismissed ; Costs reserved |
| Main Category | Parental Leave |
| Statutes | Adoption Act 1955;Parental Leave and Employment Protection Act 1987 s4;Parental Leave and Employment Protection Act 1987 s7;Parental Leave and Employment Protection Act 1987 s8;Parental Leave and Employment Protection Act 1987 s33;Parental Leave and Employment Protection Act 1987 s71A;Parental Leave and Employment Protection Act 1987 s71C;Parental Leave and Employment Protection Act 1987 s71CA;Parental Leave and Employment Protection Act 1987 s71CA(2);Parental Leave and Employment Protection Act 1987 s71D;Parental Leave and Employment Protection Act 1987 s71D(1)(c) |
| Number of Pages | 6 |
| PDF File Link: | wa 148_07.pdf [pdf 24 KB] |