| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 56/09 |
| Hearing date | 14 Oct 2008 |
| Determination date | 19 February 2009 |
| Member | L Robinson |
| Representation | M Tolich ; A Patterson |
| Location | Auckland |
| Parties | Fa'alili v Allied Work Force Ltd |
| Summary | PARENTAL LEAVE - Applicant claimed had parental leave complaint under Parental Leave and Employment Protection Act 1987 (“PLEPA”) - Applicant granted paid parental leave - Due to illness associated with pregnancy applicant began maternity leave earlier than originally planned - Applicant suffered miscarriage - Following miscarriage applicant met with respondent’s human resources manager (“M”) to discuss return to work - Applicant’s evidence of discussion preferred - Authority found applicant told could not go back to former position but could return to work on small projects on same salary - Applicant agreed - Parties signed fixed term agreement - Authority found M did not explain document or give applicant opportunity to take advice - Applicant’s employment with respondent ended on expiry of fixed term agreement - By s41 PLEPA applicant entitled to presumption respondent would keep employment open - By s45 PLEPA applicant entitled to end period of parental leave granted due to miscarriage - Authority found respondent had no appreciation of applicant’s statutory entitlement under s45 PLEPA - Authority rejected respondent’s defence applicant consented to termination of role as branch manager - Found likely applicant not best placed to protect own interest due to effects of miscarriage - Authority found respondent did not keep applicant’s employment open and failed to protect her employment - Found failure constituted fundamental breach of PLEPA - Applicant had parental leave complaint - Remedies - Authority satisfied applicant lost income - Applicant claimed $8,307.62 lost income in respect of period unemployed together with difference between salary with respondent and new employment - Authority ordered respondent to pay applicant $8,307.62 as reimbursement pursuant to s65(b) PLEPA - Authority satisfied applicant suffered hurt and humiliation, embarrassment and loss of dignity because of respondent’s actions - Having regard to length of service, applicant’s evidence and nature of complaint award of $8,000 appropriate - Respondent ordered to pay applicant $8,000 compensation pursuant to s65(c) PLEPA - Branch Manager |
| Result | Application granted ; Reimbursement of lost wages ( $8,307.62) ; Compensation ($8,000) ; Costs reserved |
| Main Category | Parental Leave |
| Statutes | Parental Leave and Employment Protection Act 1987 s41;Parental Leave and Employment Protection Act 1987 s45;Parental Leave and Employment Protection Act 1987 s65(b);Parental Leave and Employment Protection Act 1987 s65(c) |
| Number of Pages | 7 |
| PDF File Link: | aa 56_09.pdf [pdf 24 KB] |