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Thread: "the Employee shall have no rights to Public Holiday payment"?

  1. #1
    Join Date
    Aug 2014
    Location
    New Zealand
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    2

    Default "the Employee shall have no rights to Public Holiday payment"?

    Hi I have just started a seasonal job, and been given my contract to take home, read, sign and return. When reading through it there was a section which confused me. I am working in a plant nursary and have been told my hours are 8-4:30 monday to friday (for the season). I have been given a "Casual contract" which says this.

    "11. Public Holidays

    (a) As employment is of a casual nature, the Employee shall have no rights to Public Holiday payment

    (b) The Employee may be requested to work on a day that is a public holiday and the Employee shall receive ordinary rates of pay only."

    Since I have determined set hours the same each week, Im not really sure that I am casual, but even if I am techinically only casual is it legal to pay work on public holidays at only normal pay? I thought time and a half (or better) was guarenteed regardless of status for hourly staff?

    Holiday pay is paid at 8% on each paycheck so this is specific only to actual public holiday-days. Also I know this contract has been given to both citizens and work exchange visa holders, that status dosent make a difference on this matter does it?



    "There is no minimum period of time an employee has to be employed to become entitled to a public holiday and it does not make a difference if an employee is classed as casual, part time or full time.

    All employees would be entitled to be paid for a public holiday if the public holiday falls on a day that would have been an otherwise working day for the employee"

    Is the part of the law I thought applied, but am I misunderstating it?

  2. #2
    Join Date
    Feb 2008
    Posts
    36,305

    Default

    There MAY be people on the forum who know about this, but it's more a matter of NZ employment law than NZ immigration law, which most of our posters here are working their way through. In case you don't get many replies here, have you thought of asking the Citizens' Advice?

  3. #3
    Join Date
    Aug 2014
    Location
    New Zealand
    Posts
    2

    Default

    Quote Originally Posted by JandM View Post
    There MAY be people on the forum who know about this, but it's more a matter of NZ employment law than NZ immigration law, which most of our posters here are working their way through. In case you don't get many replies here, have you thought of asking the Citizens' Advice?
    Dont really know much about them, but looked them up and will send them a message thanks.

  4. #4
    Join Date
    Oct 2006
    Location
    Waterloo, Lower Hutt
    Posts
    505

    Default

    Citizens Advice or (if you have one) your Community Law Centre may be able to help.

    The key factor in determining if you should be paid time and a half is not your employment status (as long as you are an employee), but if the public holiday is a day you would otherwise be working.

    I am not a lawyer, but my understanding is if you regularly work Mon-Fri and Monday is a public holiday you should get paid time and a half.
    The employer could argue that they would not have rostered you to work that day, but they would need to provide a good reason why that day was different to previous weeks/months.

    More information is available on the Labour Inspectorate website When is an employee entitled to a public holiday?
    Last edited by eternalkiwi; 26th August 2014 at 09:45 PM.

  5. #5
    Join Date
    Aug 2009
    Location
    Auckland
    Posts
    360

    Default

    Try here http://www.dol.govt.nz/workplace/knowledgebase

    Simon

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