New Zealand Acts

PARENTAL LEAVE AND EMPLOYMENT PROTECTION ACT 1987 - SECT 55

55 Interim order

1 Where any employee alleges that the employee's employer has, within the preceding 2 months and in contravention of section 49(1) , terminated the employee's employment or given the employee notice terminating the employee's employment, the employee may apply ex parte to the Employment Relations Authority for an interim order reinstating the employee in the employee's position or cancelling the notice terminating the employee's employment.

2 Subject to subsection (3), every interim order made under subsection (1) shall expire on a date to be specified in the order, being the later of—

a) a date not later than 26 weeks after the date on which the order is made; or

b) a date not later than 26 weeks after—

i) the expected date of delivery of the child (in the case of a child born to the employee or to the employee’s spouse or partner); or

ii) the first date on which either the employee or the employee’s spouse or partner becomes the primary carer in respect of the child (in any other case).

3 An interim order made under subsection (1) may be renewed by the Employment Relations Authority from time to time on the ex parte application of the employee in whose favour it was made if the Employment Relations Authority is satisfied that the employee is taking reasonable steps to use the procedures available to the employee under sections 57 to 67 .

4 An officer of the Employment Relations Authority shall send a copy of the interim order and of every decision renewing the interim order to the employer by registered letter.

History: Section 55: substituted, on 15 May 1991, by section 5 of the Parental Leave and Employment Protection Amendment Act 1991 (1991 No 28).   Section 55(1): amended, on 1 July 2002, by section 14(1) of the Parental Leave and Employment Protection (Paid Parental Leave) Amendment Act 2002 (2002 No 7).     Section 55(1): amended, on 2 October 2000, by section 240 of the Employment Relations Act 2000 (2000 No 24).     Section 55(2)(b): replaced, on 1 April 2016, by section 44 of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).     Section 55(3): amended, on 2 October 2000, by section 240 of the Employment Relations Act 2000 (2000 No 24).     Section 55(4): amended, on 2 October 2000, by section 240 of the Employment Relations Act 2000 (2000 No 24).