EASTER
Easter 2021 falls on Friday 2nd April (Good Friday) through to Monday 5th April (Easter Monday). Both Friday and Monday are Public Holidays and will attract time-and-a-half rates for employees who work. If either of these days is a normal working day for the employee, he/she will also be entitled to an alternative holiday (day in lieu).
Saturday 3rd April and Easter Sunday 4th April are not Public Holidays, and employees who work these days should be paid as normal. No additional entitlements apply, but there are strict rules around shop trading on Easter Sunday which employers need to be aware of.
Restricted Shop Trading on Easter Sunday
The Shop Trading Hours Act 1990 was amended in 2016 to enable territorial authorities (i.e. local councils) to decide whether retailers in their districts can open on Easter Sunday. They can create policies to allow shop trading throughout their district or only in limited areas, but cannot override shop trading provisions covered in other legislation, such as defining opening hours, liquor licensing provisions or determining which types of shops may open. Refer to www.employment.govt.nz for more information.
An important change to the law allows shop employees to refuse to work on Easter Sunday. The employees don’t have to provide a reason for their refusal.
Employers who want a shop employee to work on Easter Sunday must:
- Inform the employees of the requirement to work on Easter Sunday and notify them in writing that they have the right of refusal
- Provide the notice to the employee at least four weeks before Easter Sunday.
If an employer does not follow the correct notice requirements and then insists that an employee work on Easter Sunday, this could be considered grounds for a personal grievance.
Shop employees who don’t wish to work on Easter Sunday must:
- Let the employer know in writing no later than 14 days from the date they receive the employer’s notice that they do not want to work.
If a shop employee doesn’t follow these notice requirements, and their employment agreement states that they can be required to work on Easter Sunday, the employer can require the employee to work.
If a shop employee declines to work on Easter Sunday but the shop is open and/or work is made available such as stock taking or shelf stacking, the employee may decide to take a day’s leave or be unpaid for the day. The employee may not be treated unfairly or be disadvantaged in any way as a result of their refusal to work, provided both parties have followed the notice requirements set out in the Act.
WAITANGI DAY
Waitangi Day falls on Saturday 6th February this year. It is transferred to Monday (in this case 8th February) like some other Public Holidays that are Mondayised. They are the four days around Christmas and New Year and ANZAC Day. For most employees the Waitangi Day Public Holiday will be observed on Monday 8th February unless they work on the actual day of Saturday 6th. If they work on Saturday 6th their Public Holiday benefits will apply that day and not Monday. The Public Holiday benefits for an employee will only apply for one day, either Saturday or Monday.
This is a Public Holiday and employees who work will be entitled to time-and-a-half rates for all hours worked. If it is a normal working day for the employee, he/she will also be entitled to an alternative holiday (day in lieu) to be taken at a later stage.
Note: If the employee is not needed on the Public Holiday, it is often cost-effective for the employer to allow the employee to take the day off rather than having to pay public holiday rates and a day in lieu.
ANZAC Day
ANZAC Day falls on Sunday 25 April this year. It is transferred to Monday (in this case 26th April) like some other Public Holidays that are Mondayised. They are the four days around Christmas and New Year and Waitangi Day. For most employees the ANZAC Day Public Holiday will be observed on Monday 26th April unless they work on the actual day of Sunday 25th. If they work on Sunday 25th their Public Holiday benefits will apply that day and not Monday. The Public Holiday benefits for an employee will only apply for one day, either Sunday or Monday.
This is a Public Holiday and employees who work will be entitled to time-and-a-half rates for all hours worked. If it is a normal working day for the employee, he/she will also be entitled to an alternative holiday (day in lieu) to be taken at a later stage.
Note: If the employee is not needed on the Public Holiday, it is often cost-effective for the employer to allow the employee to take the day off rather than having to pay public holiday rates and a day in lieu.
Paying employees on Public Holidays
When paying employees for public holidays there are two questions employers need to answer:
- If it were not for the Public Holiday would the employee be working?
- How many hours would the employee normally work on that day (including overtime, commission, bonuses etc.)? This would be calculated as the employee’s Relevant Daily Pay. If it is not possible to work out the number of hours an employee would have worked (for example, if the number of hours varies from day to day and from week to week), then use the Average Daily Pay calculation (i.e. averaged over the previous 52 weeks).
Covid 19
If employees have agreed to a reduced income as a result of Covid19 such as for example 80% or the Wage Subsidy amount the Relevant Daily Pay rate would be current pay for the day (reduced amount). See points 1 and 2 above. Some employers may wish to pay the pre-Covid19 Relevant Daily Pay or use the Average Daily Pay calculation (averaged over the previous 52 weeks). This is our opinion based on best advice to date. Employers should be keeping a watch on the various Government Covid19 websites for any updates.
