What are Public/Statutory Holidays?

Public holidays are days that team members are entitled to have off work (if the public holiday falls on a day they would normally work) or if team members choose to work a public holiday, they must be paid time and a half. 

This guide covers most situations but there may be those it does not cover. In that case contact the Ask People Support team on 09 215 5057, extension 27577.

Why are these Public Holidays important?

Team members will be confused around payment and may be reluctant to work or feel they have been misled if they do not understand how it works. 

As Managers, getting your labour correct for Christmas and New Year is critical.

What are the rules? 

1

When do they fall in 2018 - 2019?

• Christmas Day: Tuesday 25th of December 2018
  
• Boxing Day: Wednesday 26th of December 2018
  
• New Year’s Day: Tuesday 1st of January 2019
  
• Day after New Year’s Day: Wednesday 2nd of January 2019
  

2

How do I determine what would otherwise be a working day (for both permanent and temporary team members)? 

If it is not clear the following factors must be considered

1. The team member’s employment agreement
   
2. The team member’s work patterns
   
3. Other relevant factors including
   
   1. Does the team member work only when work is available?
      
   2. The team member’s roster
      
   3. The reasonable expectation that the team member would have worked on the day concerned
      

3

What happens if the public holiday would otherwise be a working day for the team member? 

There are 2 possible situations

1. The team member does not work. They will be paid relevant daily pay (Stat Holiday pay) for the day - The PayGlobal code in this case would be STAT
   
2. The team member works. They will be paid time and a half for the hours worked plus receive an Alternate (lieu) Day - No PayGlobal code is required
   

4

What happens if the public holiday would not otherwise be a working day for the team member?

There are 2 possible situations:

1. The team member does not work. They are not paid anything for the day.
   
2. The team member works. They will be paid time and a half for the hours worked but will NOT receive an Alternate (lieu) Day - The PayGlobal shift code in this case is STX. 
   

5

Can a team member insist on working on a public holiday if it is otherwise a working day for them?

No, they can’t. You have to bear in mind the CEA provision that says where if a public holiday falls on a team member’s normal day of work then they shall have first preference to working the hours that are available for work that would normally be performed by the team member on that day. 

First you must establish whether you need the hours and then look at the rostering. 

Managers should always take into account the need to balance the rosters and reliance on team member good will at later times. What are the rules? 

6

Is working on a public holiday voluntary?

Yes it is in terms of our employment agreements. Therefore, the team needs to be asked if they are willing to work. You can either do this by asking for volunteers or by notifying those rostered to work to let you know if they do not want to work. You can set a date in advance of the actual holiday for notification to be finalised. You will need to actively manage this 

7

What happens when a team member works from one day across into the Public Holiday?

Example: Team member normally works from 8pm to 2am. With the team member working as normal payment would be as follows:

• 1st day: 8pm-12 midnight Ordinary pay T1
  
• 2nd day – public holiday 12 midnight – 2am T1/2  2nd day public holiday: 8pm- 12 midnight T1/2
  
• 3rd day: 12 midnight - 2am Ordinary pay T1
  

There is only ONE alternate day for working on the public holiday (despite the fact that the team member has worked 2 shifts on the day they are only entitled to one alternate day).

8

Can we ask a team member to change their hours on the day before a public holiday?

YES, BUT YOU MUST FOLLOW THE CORRECT PROCESS.

EVERY team member has to agree to the temporary change.

• Under our Individual Employment Agreement you must call for volunteers. If insufficient volunteers agree then you must consult with the team members individually, take into account the team member’s personal circumstances and make any changes with as little disruption as possible to the team member’s current hours.
  
• Any changes need to be signed off by the RM or RHRM. At least two weeks’ notice must be given to the team member unless they agree to a shorter period.
  
• Under both our Collective Employment Agreements you must call for volunteers and you can only proceed if every team member agrees (it cannot be a majority vote).
  
• You must ensure the team member knows what all the options are when asking them to change i.e. they would not get the Unsocial Hours allowance; they will not get the time and a half; they will not get an alternate day
  

9

What happens if a team member does not want to/cannot change their hours?

You cannot make them change and will have to work with entire team to come to a solution. 

10

What does an Alternate Day (lieu day) reflect?

The Alternate Day is a WHOLE day. It does not matter if the team member has only worked a few hours on the actual public holiday.

11

When are, Alternate Days taken?

• Where possible Alternate Days should be taken within three months of accrual – they represent a public holiday missed.
  
• If within 12 months of the Alternate Day accruing, the manager and team member cannot agree when the Alternate Day will be taken the team member has the right to determine the date and can give 14 days’ notice.
  
• After 12 months the manager can give the team member 14 days’ notice of the date the Alternate Day is to be taken.
  
• Also after 12 months, if both parties agree the Alternate Day can be cashed up. Use the Leave Cash Up Form. 
  

12

How can I review what entitlements team members will receive?

In PayGlobal ‘Daily View’ you can check the entitlements a team member will receive in the drill down screen.

• Select the day and use the ‘Ctrl’ ‘P’ keys on your keyboard to change to the payment view (‘Ctrl’ ‘T’ is the normal view). Scroll down the day to review each team member’s entitlement. This can be used for both roster and actual views.
  
• NB: If the shifts have not been coded correctly in PayGlobal the team member may receive ‘more than’ or ‘less than’ their appropriate entitlements.