| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 74B/08 |
| Determination date | 22 September 2008 |
| Member | H Doyle |
| Representation | K Stringleman ; B Fletcher |
| Location | Christchurch |
| Parties | Huntley v Maataa Waka Ki Te Tau Ihu Trust |
| Summary | PARENTAL LEAVE - Previous determination found applicant unjustifiably dismissed and awarded remedies - Leave reserved for respondent to make submissions on whether applicant entitled to compensation for loss of benefit of paid parental leave - Authority to determine whether applicant entitled to compensation for loss of benefit of paid parental leave under s123(1)(c)(ii) Employment Relations Act 2000 - Applicant summarily dismissed before commencement of approved leave and expected due date so not eligible for paid parental leave - Authority found applicant’s right to paid parental leave conferred by statute and did not arise out of employment agreement - Found was benefit provided by State out of public money - Found not type of benefit that could be distinguished from benefits payable by State which Employment Court had held to be outside of lost benefits contemplated by identically worded section in Employment Contracts Act 1991 - Authority unable to award applicant compensation for loss of benefit of paid parental leave - PRACTICE AND PROCEDURE - Quantum of remedies - Respondent sought clarification as to period of time specified in previous determination to be used in assessing money received for calculation of lost wages award - Respondent sought to deduct one month payment made in error from award - Authority found determination quite clear as to relevant time periods - Found one month payment made outside time period specified in determination |
| Result | Orders accordingly ; Application dismissed (parental leave) ; Costs reserved |
| Main Category | Parental Leave |
| Statutes | Employment Contracts Act 1991 s40(1)(c)(ii);Labour Relations Act 1987 s227(c)(ii);Parental Leave and Employment Protection Act 1987 s4;Parental Leave and Employment Protection Act 1987 s7;Parental Leave and Employment Protection Act 1987 Part 7A;Parental Leave and Employment Protection Act 1987 s71CA(2) |
| Cases Cited | Coastline FM Ltd v Prebble [1992] 3 ERNZ 294;Mackintosh v Carter Holt Harvey Ltd unreported, Travis J, 11 Jul 2001, AC 2A/01;Meharry v Guardall Alarms NZ Ltd [1991] 3 ERNZ 305;Telecom South Ltd v NZ Post Office Union (Inc) [1992] 1 ERNZ 711 |
| Number of Pages | 5 |
| PDF File Link: | ca 74b_08.pdf [pdf 23 KB] |