New Zealand Acts

PARENTAL LEAVE AND EMPLOYMENT PROTECTION ACT 1987 - SECT 57

57 Procedures for settlement of parental leave complaints

1 The procedures for the settlement of a parental leave complaint shall be in accordance with this section and sections 58 to 67 .

2 As soon as practicable after a parental leave complaint arises, the employee shall submit the complaint to the employee's immediate supervisor, affording the immediate supervisor an opportunity to remedy the cause of the complaint, the intent being that it is desirable, if the circumstances permit it, to settle the complaint rapidly and as near as possible to the point of origin.

3 Where any such attempt at settlement has failed, or where the complaint is of such a nature that a direct discussion between the employee and the employee's immediate supervisor would be inappropriate, the employee shall either—

a) notify the branch secretary or secretary or a duly authorised representative of any union to which the employee belongs or could belong; or

b) where the employee elects to act on his or her own behalf or to appoint an agent or barrister or solicitor to act on his or her behalf, forthwith take the matter up, or arrange for that agent, barrister, or solicitor, as the case may be, to take up the matter on his or her behalf, with the employer or the representative of the employer.

4 Where the person notified under subsection (3)(a) considers that there is some substance in the parental leave complaint, that person shall forthwith take the matter up with the employer or the representative of the employer.

5 If the matter is not disposed of in discussion with the employer or the representative of the employer, the complaint shall be reduced to writing in a statement setting out all the facts relied on. The statement shall establish the nature of the employee's complaint, and of the issues, for all subsequent consideration of the case.

Note: 1980 No 162 s 35