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Toroa v Department of Labour
2 Nov 2007, PR Stapp, WA 148/07, (6 pages)
PARENTAL LEAVE – Applicant sought determination on respondent’s ruling deeming applicant ineligible for paid parental leave – Applicant took legal guardianship of child through Parenting and Guardianship Orders – Applicant granted 52 weeks parental leave by employer – Given leave for full time guardians not provided for in Parental Leave and Employment Protection Act 1987 ("PLEPA"), leave was wider application of parental leave - Under s71CA(2) PLEPA rights and benefits to non-statutory parental leave ignored when considering whether person eligible employee – Sections 7 and 8 PLEPA restricted entitlement to statutory parental leave to pregnancy and adoptions under Adoption Act 1955 – Legal guardianship not deemed as one of methods by which child taken into care for adoption under PLEPA – Applicant not adopting child – No evidence supporting s33 criteria met – Applicant not entitled to paid parental leave
Result: Application dismissed ; Costs reserved
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