| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 142/10 |
| Determination date | 01 July 2010 |
| Member | H Doyle |
| Representation | RE Jansen (in person) ; A Leulu |
| Location | Christchurch |
| Parties | Jansen v Department of Labour |
| Summary | PARENTAL LEAVE – Applicant self-employed and failed to send parental leave application forms to Inland Revenue Department (“IRD”) until more than one year after forms completed – IRD declined application on grounds not received before applicant returned to work and child 12 months old – Respondent found applicant not entitled to paid parental leave because application not received until well after applicant went on parental leave and because applicant returned to work on casual basis before application received – Applicant claimed did locum work for colleague who was on holiday – Authority found considerable length of time between leave taken and application made – Found applicant returned to work on casual basis on two intervening occasions – Found applicant not eligible for paid parental leave – Physiotherapist |
| Result | Application dismissed ; No order for costs |
| Main Category | Parental Leave |
| Statutes | Parental Leave and Employment Protection Act 1987 s2;Parental Leave and Employment Protection Act 1987 s71CB;Parental Leave and Employment Protection Act 1987 s71K;Parental Leave and Employment Protection Act 1987 s71LA;Parental Leave and Employment Protection Act 1987 s71ZB;Parental Leave and Employment Protection Act 1987 s711;Parental Leave and Employment Protection Act 1987 s711(a);Parental Leave and Employment Protection Act 1987 s711(2)(a) |
| Cases Cited | Oliver v Department of Labour unreported, G Wood, 15 Jan 2009, WA 5/09 |
| Number of Pages | 5 |
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