FENZ has responded to NZPFU members’ claims for the outstanding parental leave payments on the basis they will appeal the ERA decision.

In doing so FENZ is breaching a decision of the Employment Relations Authority.

The NZPFU successfully challenged FENZ’s unilateral changes to the application of the payment which is an incentive to return to work early from parental leave.

The Employment Relations Authority agreed that the parental leave incentive payment for early return from parental leave is payable whether the NZPFU member sought 12 months leave or less.

All information on the ERA case and application of the clause can be revisited here.

FENZ does not have the right to refuse to implement the decision.  There is a legal process it must go through including seeking to stay the Decision pending any Appeal.  FENZ may not succeed in its bid to stay the requirement to make the payments pending an Appeal decision.

FENZ has not had the decency to inform the NZPFU that it will be appealing the decision.  We have not received any Appeal documentation or any application to stay the ERA decision pending an Appeal.

FENZ is withholding lawful and contractual payments while having enjoyed the benefit of the early return from parental leave.  The members who are eligible for the payments are often struggling week to week with commitments yet FENZ thinks refusing to pay their entitlement is in line with its values of doing the right thing!

The NZPFU legal team will take all steps to require the implementation of the decision.

In unity,
Wattie Watson
National Secretary