| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 5/09 |
| Determination date | 15 January 2009 |
| Member | G J Wood |
| Representation | R Oliver (Applicant in person) ; A Leulu |
| Location | Wellington |
| Parties | Oliver v Department of Labour |
| Summary | PARENTAL LEAVE - Applicant returned to work for one day after commencing period of parental leave as employer short staffed - Applicant had not received standard letter stating parental leave entitlements would terminate from time undertook any work - Applicant rang Inland Revenue to inform them going to work but not informed until afternoon of day returned to work that risked payments being terminated - Department of Labour advised that parental leave expired as returned to work - Applicant applied for review of decision under s71ZB Parental Leave and Employment Protection Act 1987 (“PLEPA”) - Authority found PLEPA required return to work be deliberate action, in sense that claimant knew or ought to have known that undertaking work would lead to cancellation of payments - Authority concluded applicant’s actions not deliberate return to work in breach of PLEPA - Applicant not informed of consequences of return to work and likely would not have returned to work had known - Appropriate to grant review but modify duration of parental leave - No parental leave payment for day worked - Applicant to be paid 14 for week period, less one day, commencing day after returned to work |
| Result | Application granted ; Orders accordingly |
| Main Category | Parental Leave |
| Statutes | Parental Leave and Employment Protection Act 1987 s68;Parental Leave and Employment Protection Act 1987 s71(1);Parental Leave and Employment Protection Act 1987 s71ZB |
| Number of Pages | 4 |
| PDF File Link: | wa 5_09.pdf [pdf 19 KB] |