| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 133/10 |
| Determination date | 19 August 2010 |
| Member | P R Stapp |
| Representation | A Nuku (in person) ; G La Hood |
| Location | Wellington |
| Parties | Nuku v Department of Labour |
| Summary | PARENTAL LEAVE – Application for relief from irregularity under Parental Leave and Employment Protection Act 1987 (“PLEPA”) – Respondent denied parental leave application due to applicant not being employed by same employer – Applicant employed by Rapid Road Freighters Limited (“RRF”) and delivered freight under banner Parcel Express (“PE”) – RRF went into liquidation and PE contracted to J Mahoney and Sons Ltd (“JM”) – JM employed applicant but later went into liquidation – Freight Lines Limited (“FL”) took over daily running and operations of JM and employed applicant to carry out deliveries but did not include delivering for PE – PE did not contract to FL – Applicant took parental leave – FL supported parental leave application but confirmed previous employers went into liquidation – Authority found provisions of PLEPA did not include provision for change of employer when company goes into liquidation – Found applicant employed by different employers in immediately preceding six months from expected date of delivery – Found applicant not eligible for parental leave – Found entities not same employer – Found PE had no relationship with FL – Found no transfer of trade, business or undertaking – Found FL not associated employer – Application dismissed – Delivery driver |
| Result | Application dismissed ; No order for costs |
| Main Category | Parental Leave |
| Statutes | s7 Parental Leave and Employment Protection Act 1987;s68 Parental Leave and Employment Protection Act 1987;s71CA Parental Leave and Employment Protection Act 1987;s71D Parental Leave and Employment Protection Act 1987;cl1 Change of Employer Schedule Parental Leave and Employment Protection Act 1987;cl6 Change of Employer Schedule Parental Leave and Employment Protection Act 1987 |
| Number of Pages | 7 |
| PDF File Link: | wa 133_10.pdf [pdf 27 KB] |