| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 448 |
| Determination date | 18 October 2011 |
| Member | E Robinson |
| Representation | N Craig ; A Leulu |
| Location | Auckland |
| Parties | Prieto v Department of Labour |
| Summary | PARENTAL LEAVE – Applicant sought review of respondent’s decision that applicant not eligible for paid parental leave (“PPL”) – Applicant verbally accepted job offer made by employer as conveyed by recruitment agency – Applicant signed written employment agreement and commenced orientation with employer – Authority found applicant’s hours of work exceeded required average for PPL – Found hours stated in written employment agreement in accordance with those applicant verbally accepted – Found applicant employee when accepted verbal offer of employment from employer – Found not necessary for applicant to have physically worked required hours of work average for PPL as offer and acceptance sufficient – Found applicant in employment of employer for six month period preceding date of delivery – Found applicant entitled to PPL – Nurse |
| Result | Application granted ; No order for costs |
| Main Category | Parental Leave |
| Statutes | ERA s5;ERA s6;ERA s6(b)(ii);Employment Contracts Act 1991 s2;Parental Leave and Employment Protection Act 1987 s7;Parental Leave and Employment Protection Act 1987 s71D(c);Parental Leave and Employment Protection Act 1987 s71ZB |
| Cases Cited | Harawira v Presbyterian Support Services [1994] 2 ERNZ 281;Tucker Wool Processors Ltd v Harrison [1999] ERNZ 894 |
| Number of Pages | 6 |
| PDF File Link: | 2011_NZERA_Auckland_448.pdf [pdf 30 KB] |