| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 119/09 |
| Determination date | 15 April 2009 |
| Member | M Urlich |
| Representation | L Fairhall (Applicant in person) ; PD McCarthy |
| Location | Auckland |
| Parties | Fairhall v Chief Executive of the Department of Labour |
| Summary | PARENTAL LEAVE – Application for relief from irregularity under s68 Parental Leave and Employment Protection Act 1987 - Respondent argued applicant ineligible for paid parental leave – Applicant experienced severe morning sickness – Applicant resigned employment because of concerns for wellbeing of baby, was difficult to discharge duties due to ill health, and to minimise impact of ill health on employer – Applicant submitted application for paid parental leave – Application declined on grounds applicant ineligible as had resigned employment – Authority found fact applicant not an employee immediately preceding expected date of birth was not an irregularity of form – Found was substantive barrier to applicant’s eligibility to paid parental leave which Authority did not have power to waive - Caregiver |
| Result | Application dismissed ; Costs reserved |
| Main Category | Parental Leave |
| Statutes | Parental Leave and Employment Protection Act 1987 s7(b);Parental Leave and Employment Protection Act 1987 s68;Parental Leave and Employment Protection Act 1987 s68(2) |
| Number of Pages | 3 |
| PDF File Link: | aa 119_09.pdf [pdf 23 KB] |