| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 156 |
| Determination date | 15 April 2011 |
| Member | A Dumbleton |
| Representation | H Jo (in person) ; G la Hood |
| Location | Auckland |
| Parties | Jo v Department of Labour |
| Summary | PARENTAL LEAVE – Application for review of decision under s71ZB Parental Leave and Employment Protection Act 1987 (“PLEPA”) – Matter decided on papers – Applicant advised by respondent ineligible for parental leave – Relevant dates undisputed by parties – Applicant completed training one day before leave period commenced – Began new employment next day – At date of delivery of child applicant employed by employer for 26 days – s2AB amendment to PLEPA allowed length of service for medical practitioners in training with more than one district health board to be added together to determine leave eligibility – Respondent submitted amendment only applied to employees currently in training and applicant ineligible – Applicant submitted had unusual case not contemplated by amendment – Submitted case required individual reconsideration – Authority found applicant had not been employed by same employer for six or 12 months before date of delivery – Found s2AB PLEPA did not apply as applicant no longer in training at time leave commenced – Applicant not entitled to paid parental leave – Medical practitioner |
| Result | Application dismissed; No order as to costs |
| Main Category | Parental Leave |
| Statutes | Parental Leave and Employment Protection Act 1987 s2AB;Parental Leave and Employment Protection Act 1987 s7;Parental Leave and Employment Protection Act 1987 s71ZB |
| Number of Pages | 4 |
| PDF File Link: | 2011_NZERA_Auckland_156.pdf [pdf 14 KB] |