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Jonkers v The Chief Executive Department of Labour
21 Mar 2007, V Campbell, AA 88/07, (3 pages)
PARENTAL LEAVE - Application for relief in respect of
irregularity under Parental Leave and Employment Protection Act 1987
("PLEPA") - Employed as relief teacher on two fixed term
agreements - Worked at one school first term and another in second term
- During third term relieved at second school six weeks in total -
Application for paid parental leave declined - Ineligible as not in employment
with same employer for six months immediately preceding expected date of
delivery - Section 2AC PLEPA provides for multiple employment situations
for teachers employed by more than one Board of Trustees concurrently or
consecutively - At end of both fixed term agreements employment ceased and paid
holiday pay - At beginning of third term changed to day to day relieving
and received holiday pay on "pay as you go" basis - Change
meant employment ceased at end of each separate engagement - Employed as
and when required - No intention employment would continue beyond end of
each day to day engagement - Not "irregularity" for which
Authority could grant relief under PLEPA s68 - Authority found (although
only by few days) applicant's employment ceased prior to expected date of
delivery - Problem fundamental as did not meet PLEPA definition of eligible
employee - Authority unable to assist applicant further
Result: Application dismissed ; Costs reserved
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