| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 159/08 |
| Hearing date | 24 Nov 2008 - 25 Nov 2008 (2 days) |
| Determination date | 01 December 2008 |
| Member | G J Wood |
| Representation | M McGoldrick ; J Catran, K Sagaga |
| Location | Wellington |
| Parties | Leslie v Commissioner of Police |
| Summary | PARENTAL LEAVE – Applicant claimed that on return to work after period of parental leave was unfairly denied right to continue working part time under respondent’s Flexible Employment Option (“FEO”) scheme, under which applicant worked four days per week – Respondent argued FEO did not need to be continued as had expired due to either passing of time or as result of review – Authority noted situation not flexible work arrangement under Part 6AA Employment Relations Act 2000 – Authority found issue for determination whether respondent breached Parental Leave and Employment Protection Act 1987 by failing to honour, on applicant’s return to work, rights and entitlements applying to applicant’s ordinary position – Authority found FEO arrangement was fixed term, and would only be subsequent period of FEO following review and new application – Initial period could not be expected to necessarily continue – In absence of review and/or new application, applicant’s right to reduced working hours expired – Authority found no legitimate expectation that would return to four day week under FEO upon return from parental leave – Finding based on parental leave application wording and manager’s comments during performance review – Respondent prepared to consider applicant working 30 hour week, but insisted on applicant spreading hours over five working days, while applicant insisted on four – Authority considered whether was reasonable exercise of discretion – Discretion to be exercised in good faith – Authority found no reason to doubt genuineness of views of either of key protagonists in decision – Authority satisfied found sufficient evidence that applicant should be required to meet conditions of employment by working five days a week – Respondent did not unreasonably fail to exercise discretion – Claim dismissed – Authority noted applicant entitled to make fresh FEO application at any time and that respondent must address it in good faith, in accordance with its policies |
| Result | Application dismissed ; Costs reserved |
| Main Category | Parental Leave |
| Statutes | ERA Part 6AA;Parental Leave and Employment Protection Act 1987 |
| Number of Pages | 6 |
| PDF File Link: | wa 159_08.pdf [pdf 33 KB] |