Waitangi Day is a public holiday that is affected by “Monday-isation” when it falls on a weekend. This guidance provides a quick overview of this public holiday.
Waitangi Day is a public holiday that falls on 6th February.
What are the “Monday-isation” rules for Waitangi Day?
The Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 provides for Waitangi Day and ANZAC Day to be “Monday-ised” when they fall on a weekend. This Monday-isation means Waitangi Day follows the same rules as Christmas/New Year public holidays that fall over the weekend.
How do I pay staff for working on a public holiday?
Find our full guidance on public holiday payments here.
1. Payment for working on a public holiday – Anyone who works on a public holiday is entitled to be paid at a rate of time and a half.
If the public holiday is a day that they would normally work (for instance the public holiday is on a Monday and the employee usually works on a Monday), and they do work it, then they are also entitled to one days full paid leave (an alternative holiday) to take some time in the future.
If the public holiday falls on a day that is not a normal day of work for the employee, and they do work it, then they are entitled to be paid at time and a half but they do not earn an alternative holiday.
2. Payment if not working on a public holiday – The terms of the Restaurant Association individual employment agreement template sets out that employees agree to work on public holidays if requested by the employer.
However, if an employee would normally be working on the day that the public holiday falls, but it has been agreed that they have the day off, they are entitled to be paid the amount of pay that they would have received had they worked on that day (their relevant daily pay).
If the employee does not work on a public holiday because it is their normal rostered day off, there is no obligation to pay the employee for that day.
If you are not using the Restaurant Association employment agreement template you should check your own operation’s employment agreement to see what it says with regards to employee’s working on public holidays.
Working out whether an employee “usually” works on a particular day can be tricky for hospitality businesses, where employees often work different days and hours each week.
The Restaurant Association has a separate guideline on the “otherwise working day’ to assist with determining this. You can find it here.
Relevant factors to consider include:
• the employment agreement;
• the employee’s work patterns;
• whether the employee works only when work is available;
• rosters or other similar systems;
• the reasonable expectations of the employer and employee that the employee would work on the day concerned; and
• whether, but for the day being a public holiday, the employee would have worked on the day concerned.
When can you open?
Businesses can open their usual trading hours on Waitangi Day.
Can we still sell alcohol?
There are no restrictions with regards to the sale and supply of alcohol on Waitangi Day.