| Restrictions | Includes non-publication order |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 358/08 |
| Hearing date | 19 Aug 2008 : 24 Sep 2008 (2 days) |
| Determination date | 23 October 2008 |
| Member | L Robinson |
| Representation | N (in person) ; A Leulu |
| Location | Auckland |
| Parties | N v Chief Executive if the Department of Labour |
| Summary | PARENTAL LEAVE – Application for relief from irregularity under s68 Parental Leave and Employment Protection Act 1987 (“PLEPA”) – Respondent argued applicant ineligible for paid parental leave – Applicant took over care of niece’s baby then applied for adoption order - Year later adoption order granted and applicant applied for paid parental leave – Employer granted one year parental leave – Inland Revenue referred application to respondent – Respondent concluded applicant unable to satisfy eligibility criteria as did not commence maternity leave from date on which applicant first assumed care of child – Authority found material date was date when applicant assumed care of child and resolved to apply to adopt – Found s30 PLEPA limited extended leave to first anniversary of that date – Employer had granted parental leave although applicant not entitled to it at time application made – Found employer had given applicant incorrect advice to wait until adoption order formalised before applying for parental leave, and as result applicant out of time to apply – Found although employer permitted parental leave, was not obliged to under PLEPA provisions – Applicant not entitled to paid parental leave for purposes of s71D PLEPA – No irregularity, so no discretion to exercise Authority’s powers under s68 PLEPA – Application dismissed – Production assembler |
| Result | Application dismissed ; Costs reserved |
| Main Category | Parental Leave |
| Statutes | Parental Leave and Employment Protection Act 1987 s10;Parental Leave and Employment Protection Act 1987 s30;Parental Leave and Employment Protection Act 1987 s33;Parental Leave and Employment Protection Act 1987 s68;Parental Leave and Employment Protection Act 1987 s71D |
| Number of Pages | 6 |
| PDF File Link: | aa 358_08.pdf [pdf 25 KB] |