Paternity Leave and Statutory Entitlement
1. Introduction The Paternity Leave and Benefit Act 2016 provides for an entitlement to two weeks of paternity leave for relevant parents in respect of the birth or adoption of a child. The entitlement is supported by paternity benefit under the social welfare system, providing income replacement during the leave. This article addresses the paternity
Read MoreParental Leave and Statutory Entitlement
1. Introduction Section 6 of the Parental Leave Act 1998, as amended, provides for an entitlement to parental leave for parents of qualifying children. The current entitlement is 26 weeks of unpaid leave per child, taken in respect of children under 12 (or 16 in the case of children with disabilities). This article addresses the
Read MoreNational Minimum Wage and Sub-Minimum Rates
1. Introduction Section 14 of the National Minimum Wage Act 2000 provides for sub-minimum rates of pay for younger workers. The provision recognises that, in certain circumstances, the full national minimum wage may be inappropriate, while ensuring that a substantial floor remains in place. This article addresses the Section 14 framework, the categories of workers
Read MoreMaternity Leave and Return to Work
1. Introduction Section 26 of the Maternity Protection Act 1994 provides that an employee returning to work from maternity leave is entitled to return to the job which she held immediately before the start of the period of absence. The provision is a substantive right that gives effect to the protective purpose of the maternity
Read MoreMaternity Leave and Protection from Dismissal
1. Introduction Section 23 of the Maternity Protection Act 1994 provides for the suspension of dismissal during the protective period. The provision creates a near-absolute prohibition on dismissal during maternity leave and connected absences, with limited exceptions. This article addresses the Section 23 protection, the scope of the protective period, the limited exceptions, and the
Read MorePart Time Work and Less Favourable Treatment
1. Introduction Section 9 of the Protection of Employees (Part-Time Work) Act 2001 prohibits less favourable treatment of part-time employees in respect of their conditions of employment, compared with comparable full-time employees. The provision is the central substantive protection in the Act and gives effect to clause 4 of the Part-Time Work Framework Agreement annexed
Read MoreFamily Leave and Carer’s Leave
1. Introduction The Carer’s Leave Act 2001 provides for an entitlement to carer’s leave for an employee who wishes to leave employment temporarily to provide full-time care and attention to a relevant person. The entitlement is significant in scope, providing up to 104 weeks of unpaid leave in respect of any one relevant person. This
Read MoreAdoptive Leave and Statutory Entitlement
1. Introduction The Adoptive Leave Act 1995, as amended by the Adoptive Leave Act 2005, provides for an entitlement to adoptive leave for relevant adopting parents. The leave provides parallel protection to maternity leave in the context of adoption, with substantive and procedural protections. This article addresses the adoptive leave entitlement, the qualifying conditions, the
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Industrial Relations and Section 13 Disputes
1. Introduction Section 13 of the Industrial Relations Act 1969 (as amended) provides for the resolution of trade disputes between an individual worker and his or her employer through the WRC. The provision is a significant channel for the resolution of workplace disputes that fall outside the scope of other statutory regimes. This article addresses
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