| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 522/10 |
| Determination date | 20 December 2010 |
| Member | D King |
| Representation | K Clark (in person) ; N Szeto |
| Location | Auckland |
| Parties | Clark v Department of Labour |
| Summary | PARENTAL LEAVE – Applicant sought review of respondent’s decision not entitled to paid parental leave (“PPL”) – Applicant self employed and required to apply for parental leave before returned to work – Authority found applicant’s application not received until after returned to work – Respondent declined to approve PPL because delay excessive – Applicant claimed unaware required to submit application before returned to work – Applicant claimed delay caused by child’s ill health – Applicant claimed accountant did not return application – Respondent claimed stated on note section of application form requirement to submit form before returning to work – Found by time information supplied to accountant time for making application for PPL lapsed – Found delay not reasonable in circumstances – Found applicant not entitled to PPL – Application dismissed |
| Result | Application dismissed ; No order for costs |
| Main Category | Parental Leave |
| Statutes | Parental Leave and Employment Protection Act 1987 s68(5);Parental Leave and Employment Protection Act 1987 s71I(2)(a);Parental Leave and Employment Protection Act 1987 s71ZB |
| Number of Pages | 4 |
| PDF File Link: | aa 522_10.pdf [pdf 15 KB] |