| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 221 |
| Determination date | 23 May 2011 |
| Member | R Larmer |
| Representation | S A Mackintosh (in person) ; G La Hood |
| Location | Auckland |
| Parties | Mackintosh v Department of Labour |
| Summary | PARENTAL LEAVE – Applicant sought review of respondent’s decision not eligible for paid parental leave (“PPL”) – Applicant self employed and required by Parental Leave and Employment Protection Act 1987 to apply for PPL before returning to work – Applicant applied for PPL after returning to work after having baby – Respondent declined to exercise discretion to approve PPL due to delay in applying for PPL – Applicant hired replacement worker while on PPL – Replacement involved in car accident and unable to return to work – Applicant returned to work with baby to provide immediate cover for business – Applicant under considerable stress and thought only temporary arrangement – Applicant returned to work permanently on advice replacement would not return to work – Applicant had to contend with serious relationship difficulties with father of child – Applicant claimed unexpected chaos created by replacement’s accident and serious relationship difficulties, combined with being caregiver of baby meant applicant did not have time to apply for PPL – Respondent claimed applicant failed to file application in prescribed manner – Respondent claimed delay in filing application significant and not reasonable in circumstances – Authority found applicant did not file PPL application before returning to work because return to work unexpected – Found delay in filing application attributed to combined pressure of returning to work with young baby, relationship issues, and subsequent relationship breakup – Found delay not reasonable in circumstances – Found delay not short – Found considerable delay weighed heavily against granting applicant PPL – Hairdresser |
| Result | Application dismissed ; No order for costs |
| Main Category | Parental Leave |
| Statutes | Parental Leave and Employment Protection Act 1987 s71CB;Parental Leave and Employment Protection Act 1987 s71I(1);Parental Leave and Employment Protection Act 1987 s71I(2)(a);Parental Leave and Employment Protection Act 1987 71IA(5);Parental Leave and Employment Protection Act 1987 s71ZB(3) |
| Cases Cited | Clark v Department of Labour unreported, D King, 20 Dec 2010, AA 522/10;Jansen v Department of Labour unreported, H Doyle, 1 July 2010, CA 142/10 |
| Number of Pages | 6 |
| PDF File Link: | 2011_NZERA_Auckland_221.pdf [pdf 25 KB] |