New Zealand Acts

PARENTAL LEAVE AND EMPLOYMENT PROTECTION ACT 1987 - SECT 52

52 Special defence relating to dismissal during the 26 weeks following parental leave

Where the termination of employment is proved to have taken place during the period of 26 weeks beginning with the day after the date on which any period of the employee's parental leave ended, it shall be a defence for the employer to prove—

a) the matters set out in paragraphs (b) and (c) of section 51 ; and

b) that, during the period between the end of the period of the employee's parental leave and the termination of the employee's employment, the employer had (despite being prepared to accord the employee preference over other applicants) been unable to appoint the employee to a position which was vacant and which was substantially similar to the position held by the employee at the beginning of the employee's period of parental leave.

Note: 1980 No 162 s 30