Because Christmas and New Years Day fall on a Sunday, the Holidays Act provisions regarding the “Mondayizing” of these Public Holidays once again apply.

The Holidays Act – Section 45 provides in this case:

  • If the Public Holiday falls on a Sunday and the day would otherwise be a working
    day for the employee, the Public Holiday must be treated as falling on that day;
  • If the Public Holiday falls on a Sunday and the day would not otherwise be a working
    day for the employee, the Public Holiday must be treated as falling on the following
    Tuesday.

However, no worker can receive more than four Public Holidays over the Christmas/New Year period.

The relevant part of the roster over the period provides:

Blue Watch   Night Shift  24 December
 Red Watch  Day Shift 25 December
 Green Watch  Night Shift 25 December
 Red Watch  Day Shift 26 December
 Green Watch  Night Shift 26 December
 Brown Watch  Day Shift 27 December
 Red Watch  Night Shift 27 December

For Blue Watch, 25 December (hours worked on 25 December) is otherwise a working day – therefore for Blue Watch, Christmas Day is observed on 25 December.

For Red Watch, 25 December is otherwise a working day – therefore for Red Watch, Christmas Day is observed on 25 December.

For Green Watch, 25 December is otherwise a working day – therefore for Green Watch, Christmas Day is observed on 25 December.

For Red Watch, 26 December is otherwise a working day – therefore for Red Watch, Boxing Day is observed on 26 December.

For Green Watch, 26 December is otherwise a working day – therefore for Green Watch, Boxing Day is observed on 26 December.

However, for Brown Watch, both the 25th and 26th December are not otherwise working days – therefore for Brown Watch, 27 December is observed as a Public Holiday.

Over the Christmas period therefore, the Union sees Days in lieu as accumulating as follows:

 Blue Watch 1 Day (Night Shift 24 December)
 Red Watch 2 Days (Day Shifts 25 and 26 December)
 Green Watch 2 Days (Night Shifts 25 and 26 December)
 Brown Watch 1 Day (Day Shift 27 December)

The same principle applies over the New Year period. The above Watches should claim Days in Lieu accordingly.

As far as Days in Lieu for Overtime are concerned, if the Union’s position as outlined above is correct, and given that only two Days in Lieu for any employee can be accumulated over the
Christmas period, only Blue and Brown Watches have the ability to receive a Day in Lieu if overtime is worked.

The other two Watches would have already accumulated two Days in Lieu for their normal shifts.

SICKNESS, INJURY OR BEREAVEMENT ON PUBLIC HOLIDAYS

Where anyone is required to work on a Public Holiday, but does not work on that Public Holiday due to:

  • Sickness
  • Injury
  • Sickness at Home
  • Bereavement

that day is treated as a paid unworked Public Holiday – therefore

  • The day would be paid for;
  • No Sick or Bereavement Leave is deducted.

There is no entitlement to a Day in Lieu.

Best Wishes for Christmas and for a Successful and Prosperous New Year.

Related Articles

VIEW ALL VIEW ALL

REMINDER: Annual General Meeting

With Auckland remaining at Level 3 in the Covid-19 lockdown, the Auckland Local has made the decision to conduct this year’s Annual General Meeting via zoom on Wednesday 3 November commencing at 10 a.m.


Annual General Meeting

With Auckland remaining at Level 3 in the Covid-19 lockdown, the Auckland Local has made the decision to conduct this year’s Annual General Meeting via zoom on Wednesday 3 November commencing at 10 a.m.


Breaking News

TFT 25mm GForce Hosereel Nozzle Recall

It has been brought to the Auckland Local’s attention that it has been discovered that the TFT 25mm Gforce hosereel nozzles are designed to a European specification, which is for low pressure nozzles, and have a maximum working pressure of 16 bar (1600 kPa) instead of the hose reel pressure version specified at 40 bar (4000 kPa).