| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2011] NZERA Wellington 122 |
| Determination date | 22 July 2011 |
| Member | P R Stapp |
| Representation | S A Reay (in person) ; A Leulu |
| Location | Wellington |
| Parties | Reay v the Chief Executive of the Department of Labour |
| Summary | PARENTAL LEAVE – Respondent claimed applicant not entitled to paid parental leave (“PPL”) as applicant not employed at time leave taken – Applicant employed by Tower Managed Funds Ltd trading as Tower Investments/Finance (“T”) - Applicant made PPL application before made redundant – PPL commencement date set out in application was three days after employment ended - Before redundancy applicant informed by Inland Revenue Department (“IRD”) PPL application processed and dates confirmed – Respondent informed applicant not entitled to PPL – Authority found T gave applicant correct notice - Found when parental leave started applicant no longer employed by T and not eligible under Parental Leave and Employment Protection Act 1987 (“PLEPA”) – Found PLEPA exception did not apply as applicant not employee who had already commenced leave and subsequently made redundant – Found T did not deliberately give particular redundancy date to prevent PPL eligibility – Applicant not entitled to PPL |
| Result | Application dismissed ; Costs to lie where they fall |
| Main Category | Parental Leave |
| Statutes | ERA s159;Parental Leave and Employment Protection Act 1987 |
| Number of Pages | 3 |
| PDF File Link: | 2011_NZERA_Wellington_122.pdf [pdf 11 KB] |