Why Easter is a grey area for employers

If your business will remain open over the holiday, there are some important employee entitlements that HR should be aware of

Why Easter is a grey area for employers

With less than a month to go before Easter is upon us, many employers will be preparing for changes to the status quo – however, for those who haven’t, it may be time to put some plans in place.

“No matter what industry you’re in, and regardless if your business is open or closed over Easter, there are a number of things you will need to consider for the upcoming Easter long weekend,” says Melodi James, senior employment relations advisor from Employsure.

According to James, one of the most common stumbling blocks for employers is getting public holiday entitlements right.

“A recent case determined by the Employment Relations Authority (Wendco (NZ) Ltd v MBIE), demonstrates the challenges for employers who operate varying rosters or hours to determine ‘otherwise working days,’” says James.

 She added there are common contentions that require individual assessment surrounding:

  • Choosing between relevant daily pay and average daily pay
  • Entitlements for people with variable working days or casual employees
  • Determining if employees are entitled to an “alternate day”

James also noted that ERA cases don’t always deliver clear answers on public holiday entitlements, “resulting in a grey area for employers.”

Shop trading conditions can also cause issues as stores are entitled to open provided they meet certain requirements such as those with an area exemption or because the local territorial authority has adopted a local Easter Sunday shop trading policy.

Finally, James also says HR professionals should be aware that workers have the right to refuse to work on Easter Sunday. If an employer does want a team member to work on Easter Sunday, they must follow a specific process to let staff know – in writing – that they can refuse.

“This process must be completed each year and can’t just be written into the employment agreement,” says James. “If you cannot open on Easter Sunday but still want employees to work, for example, to stack shelves or do stock taking, you must still follow the same process.”

Easter 2018 dates
Friday 30 March    Good Friday        National
Monday 2 April      Easter Monday    National       
 

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