Employee entitlements on restricted shop trading days -
The Shop Trading Act Repeal Act 1990 stops many, but not all, shops from trading on three and a half days a year. -
Two and a half of these days - Good Friday, Christmas Day and Anzac day until 1pm - fall on public holidays under the Holidays Act 2003. -
Employees who work or would normally work on these days have paid holiday entitlements. To calculate these see Public Holiday Taken or Public Holiday Worked.
Employee entitlements on Easter Sunday The third restricted trading day, Easter Sunday, is not a public holiday.
One of four things can happen to employees whose workplaces must close on Easter Sunday:
1. An employer may give an employee 14 days notice to take a day of annual holiday owing to them on the Easter Sunday.
2. The employee’s employment contract or agreement may spell out whether or not the employee will be paid, or if they will undertake alternative duties that day.
3. An employer and employee may agree to transfer a public holiday to which the employee is entitled to Easter Sunday. In other words, transfer Easter Monday (when shops are open) to Easter Sunday (when shops must close).
4. If none of the above is agreed to, the employee may have a claim for wages owed if they cannot work through no fault of their own. Furthermore, the
employer may have a defence by claiming they could not provide work through no fault of their own, and the contract is thus frustrated. In this instance, an employer may withold pay, and an employee who does not receive pay may attempt
to recover money they believe they’re owed by lodging a recovery of wages claim with the Employment Relations Authority.
See Also The Department of Labour Shop Trading Restrictions
fact sheet
Our thanks to the
Department of Labour for parts of this article. |