New Zealand Acts

PARENTAL LEAVE AND EMPLOYMENT PROTECTION ACT 1987 - SECT 68

68 Non-compliance with formal requirements

1 An employer must not unreasonably refuse to allow an employee to exercise any rights and benefits in respect of parental leave or a parental leave payment that the employee would be entitled to exercise but for an irregularity.

2 In this section,
"irregularity" means—

a) omitting to do something required by or under this Act or under the alternative provision under which the leave is taken; or

b) doing something required by or under this Act or the alternative provision under which the leave is taken before or after the time when it is required to be done; or

c) otherwise doing anything irregularly in matter of form.

3 An employee, employer, or self-employed person, or a person acting on behalf of an employee, employer, or self-employed person, may apply to the Employment Relations Authority or the court for relief in respect of an irregularity.

4 The Employment Relations Authority or the court must grant relief to an employee in respect of a failure to comply with the notice requirements of this Act or of the alternative provision under which the leave is taken if satisfied that—

a) the employee's failure to comply with the notice requirements was in good faith; and

b) the extent to which the employee did or did not comply with the notice requirements was reasonable in all of the circumstances of the case.

5 The Employment Relations Authority or the court may grant relief in respect of any other irregularity if it thinks it is reasonable to do so, having regard to the nature of the irregularity, the good faith or otherwise of the parties, and any other matters it thinks proper.

6 The Employment Relations Authority or the court may grant relief—

a) by amending or waiving the irregularity, extending the time within which anything is to be or may be done, confirming the right of an employee or self-employed person to exercise rights in respect of parental leave or a parental leave payment (as applicable), or granting other relief as is reasonable:

b) subject to terms, if any, that the Authority or the court, in the circumstances of each case, thinks fit.

History: Section 68: substituted, on 1 July 2002, by section 17 of the Parental Leave and Employment Protection (Paid Parental Leave) Amendment Act 2002 (2002 No 7).   Section 68(3): substituted, on 1 July 2006, by section 18(1) of the Parental Leave and Employment Protection (Paid Parental Leave for Self-Employed Persons) Amendment Act 2006 (2006 No 20).     Section 68(6): substituted, on 1 July 2006, by section 18(2) of the Parental Leave and Employment Protection (Paid Parental Leave for Self-Employed Persons) Amendment Act 2006 (2006 No 20).