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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:

"Rules for the Employment Court when dealing with parental leave problems"

When you have a problem with your employer about parental leave, you can take it to the Employment Relations Authority. If you do this under section 30I of the Parental Leave and Employment Protection Act 1987, the Authority will look into it to see if your employer followed the rules in section 30D of that Act. The Authority will make a decision about this.

The Authority cannot ask the Employment Court for help with a question of law under section 177 if that question comes up while they are investigating your problem. The court also cannot take over the case under section 178 if it is about the same problem the Authority is investigating.

If the Authority makes a decision about your problem, you cannot ask the Employment Court to hear the case under section 179 if you are not happy with the decision.

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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 rightsFamily and relationships > Children and parenting

Part 10Institutions
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).