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Employment Relations Act 2000

Institutions - Employment Relations Authority

179C: Limitations on consideration by Employment Court of matters arising under section 30D of Parental Leave and Employment Protection Act 1987

You could also call this:

“The Employment Court can't look into certain parental leave issues that the Employment Relations Authority is handling.”

This law is about what the Employment Court can and can’t do when dealing with certain parental leave issues. You need to know about this if your employer might not be following the rules about keeping your job open when you’re on parental leave.

If you have a problem like this, you can ask the Employment Relations Authority to look into it. The Authority will check if your employer is doing the right thing.

When the Authority is looking into your case, there are some limits on what can happen:

The Authority can’t ask the Employment Court for help with tricky legal questions about your case.

Your case, or any part of it, can’t be moved to the Employment Court while the Authority is working on it.

If you’re not happy with what the Authority decides about your case, you can’t choose to have the Employment Court hear it instead.

These rules are in place to make sure your case is handled quickly and simply by the Authority, without getting caught up in more complicated legal processes.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6803891.

Topics:
Work and jobs > Worker rights
Family and relationships > Children and parenting
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179B: Limitations on consideration by Employment Court of matters arising under Part 6AA or 6AB, or

“The Employment Court can't look into certain work-related issues that the Employment Relations Authority has already dealt with.”

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180: Election not to operate as stay, or

“Choosing to challenge a decision doesn't automatically pause its effects unless a special order is made.”

Part 10 Institutions
Employment Relations Authority

179CLimitations on consideration by Employment Court of matters arising under section 30D of Parental Leave and Employment Protection Act 1987

  1. This section applies to a reference to the Authority under section 30I of the Parental Leave and Employment Protection Act 1987 for a determination as to whether the employer has complied with section 30D of that Act.

  2. The Authority may not refer a question of law to the court under section 177 if the question of law arises during an investigation of the Authority into a reference referred to in subsection (1).

  3. No matter, or part of a matter, may be removed to the court under section 178 if the matter, or the part of the matter, arises during an investigation of the Authority into a reference referred to in subsection (1).

  4. No party who is dissatisfied with a determination, or any part of a determination, of the Authority of a reference referred to in subsection (1) may elect, under section 179, to have the matter heard by the court.

Notes
  • Section 179C: inserted, on , by section 83 of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).