April 2025 brings with it a number of public holidays and restricted trading days. While some staff will be welcoming the extra time off or pay, businesses may be facing a few headaches navigating their obligations under the Holidays, and Shop Trading Hours, Acts.
Good Friday, Easter Sunday and ANZAC Day (until 1pm) are restricted trading days that require almost all shops which sell goods to be closed. Some shops which sell goods such as small grocery shops, service stations, cafes or restaurants, pharmacies are allowed to open but may be limited in what they are allowed to sell. The employment.govt.nz website has useful information for business owners who may not be sure what they are allowed to do on these days.
Easter Sunday is not a public holiday but it is a restricted trading day. Trading on this day when not permitted is an offence. However, some local councils, including Kaipara and Whangarei District Councils, have put in place exemptions to allow businesses to open on Easter Sunday if they wish. Auckland Council does not have an Easter Sunday trading policy.
Note, an employer cannot make an employee work on Easter Sunday. The employer must ask the employee, with proper notice, that they want the employee work Easter Sunday and that the employee has a right to say no. If the employee does refuse, they must do so in writing, within 14 days of being asked. If they do work, they will be paid their usual rate of pay (as Easter Sunday is not a public holiday).
Good Friday and ANZAC Days are public holidays. The default position is that if the employee works on a public holiday, and it is a day which would otherwise be a working day for that employee, they are required to be paid time and a half, and receive a day in lieu.
The day in lieu, or alternative holiday, must be taken at a time agreed by the employer and employee.
Navigating whether an employee would “otherwise be at work” can be trickier for businesses that have variable rosters or on-call staff. For example, is an employee ‘at work’ if they are on call, but not called out? The answer to this question is fact-dependent, but it is helpful for both parties if there are clear workplace policies around on-call and rostering arrangements.
Getting holiday pay right can be difficult. We recommend employers get good legal advice to make sure their employment agreements and workplace policies are up to date and work well together. This investment is far less costly than paying out weeks or months of incorrectly calculated entitlements when an employee raises a grievance!
If you’re an employee and you suspect your employer is not paying you correctly (and you’re not having any luck raising it directly with your employer), you may contact the Labour Inspectorate for free support to obtain your minimum entitlements.
How can we help?
WRMK Lawyers is home to a team of experienced business lawyers who are happy to help. If you need help understanding your rights as an employee, contact us today to discuss.
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