Section 70A — Parental Leave and Employment Protection Act 1987: Labour Inspectors may make determinations in respect of employees

70A Labour Inspectors may make determinations in respect of employees (1) A Labour Inspector may— (a) determine, if the employee and employer fail to agree, whether an employee will have been in the employment of the same employer for at least an average of 10 hours a week during a 12-month period (or lesser period, as the case may be) in accordance with section 72A for the purpose of eligibility for parental leave; or (b) determine, if the employee and employer fail to agree, an employee's ordinary pay or average weekly earnings for the purpose of section 71M(1) ; or (c) serve a demand notice as provided in section 70B ; or (d) otherwise enforce the rights and benefits in respect of parental leave or a parental leave payment under this Act. (2) A Labour Inspector must, as soon as practicable after making a determination, serve a copy on the employee and the employer. (3) The consequences of a determination are that it is prima facie evidence of the matter determined. Sections 70A to 70F were inserted, as from 1 July 2002, by section 18 Parental Leave And Employment Protection (Paid Parental Leave) Amendment Act 2002 (2002 No 7). The heading to section 70A was substituted, as from 1 July 2006, by section 19(1) Parental Leave and Employment Protection (Paid Parental Leave for Self-Employed Persons) Amendment Act 2006 (2006 No 20). See section 5 of that Act for the application of this amendment. Subsection (1)(a) was amended, as from 1 December 2004, by section 17 Parental Leave and Employment Protection Amendment Act 2004 (2004 No 89) by inserting the words “ (or lesser period, as the case may be) ” after the word “ period ” . See section 4 of that Act for the application of this amendment. See section 23 of that Act for the transitional provision relating to the giving of notice. Subsection (1)(b) was amended, as from 1 July 2006, by section 19(2) Parental Leave and Employment Protection (Paid Parental Leave for Self-Employed Persons) Amendment Act 2006 (2006 No 20) by substituting the expression “ 71M(1) ” for the expression “ 71M ” . See section 5 of that Act for the application of this amendment.