fbpx

xmas guide 2023

We will be closed from 21 December 2023 to 8 January 2024 for wellness and recuperation. Our helpline service will not be operating over these days, however employment guides and emergency resources that you may need over this time are below.

The Holiday Survival Toolkit :

Holiday Survival Guide

General
Mental Health

Mental health emergencies – Helplines
Essential helplines and comprehensive national contact details for health emergencies for you and your staff.

Clearhead

Health & Wellbeing Resources

Importance of Sleep

Importance of Food

Employment

Letter Reply Template If you receive a letter from an employee over this time period please use this template to respond notifying that you will be seeking legal advice as soon as it becomes available to you.

90-Day Trial Period GuideEssential information on validity and use of the trial period.

- Video Guide: Evaluation Periods / Work Trials

Disciplinary Process
Guide to getting an employee disciplinary process underway

- Video Guide: Employees Under the Influence

Suspensions
Our Guide for situations where you need to suspend an employee from the workplace 

Handling an unexpected resignation
Guide to managing a resignation and suggested responses

Guide to Personal Grievances

Otherwise Working Day Guide

Rest & Meal Breaks

Employing Children & Young People

Temporary Closedown of Business

Mondayisation & Tuesdayisation

Employee Ambandonment Guide

- Video Guide: Abandonment - what is it?
Customers

Customer trespass
Handling customers who you do not wish to be on your premises

The Crowded Places Strategy

Operations

Emergency Closedowns / Business Interruptions
Our Guide to managing an unexpected business closedown

Labour Inspectorate Audits
What to expect from a visit by a Labour Inspector

Closedown periods

Accepting Gift Vouchers & Gift Cards
All you need to know for accepting Restaurant Association Gift cards and Vouchers

RA Security Hub

Host Responsibility

We wish you all the best for the year and 2024.

Looking for something else? Please CLICK HERE to check out all of the available member resources.

FAQ

Can I require my employees to use their Annual Leave during the holidays?

When taking annual leave, employers and employees should endeavor to come to an agreement on a mutually convenient time. However, after making reasonable efforts to reach an agreement, an employer may require an employee to take annual leave at a particular time by giving the employee 14 days’ written notice.

Employers might require that employees take annual leave on specific dates each year (such as over Christmas period) This is referred to as a “closedown.”

Is it legal for me to require my employees to work on public holidays?

All employees are entitled to a paid day off on each of New Zealand’s 12 public holidays. These are also referred to as “statutory holidays” or “stat days.” You can still ask your employees if they want to work on a public holiday if they are not compelled to work under their employment agreement. The employee has the right to say no, and they cannot be treated adversely for choosing to not work.

Can an employee refuse to take their annual leave because the company is closing down?

Some employees feel aggrieved when they are required to take annual leave at times when they would prefer not to. However, an employer can direct an employee to take annual leave if it is provided for in an agreement or if it is custom and practice.

What if an employee refuses to work on a public holiday?

If the employment agreement doesn’t require an employee to work on a public holiday, the employee may decline to work. They will be paid the same as if they had worked that day even though they declined to work on that specific public holiday. Important to note that employees cannot treated adversely for refusing to work on a public holiday.

Can I grant some employees annual leave during the Christmas/New Year’s holiday season but not others?What if an employee refuses to work on a public holiday?

Yes, an employer is not obligated to provide annual leave to every employee who requests it. Employers must be able to resource and run their businesses as they see fit. But the requirement is that you fully consider the leave and if you are unable to accept the leave, then provide the reasons to the employee regarding your inability to accept the leave.

What if my employee does not have enough leave to cover the entire closedown period?

If an employee’s annual leave does not cover the entire closedown period, the employee and employer may agree that annual leave will be taken in advance. The employee’s leave balance would be negative.

How are annual holiday payment rates calculated?

Payment for annual holidays is made at the start of the employee’s holiday and is at the rate of the greater of the employee’s ordinary weekly pay (OWP) or average weekly earnings (AWE).

What do I pay my employees that work on a public holiday?

For all hours worked on a public holiday, employees must be paid at least time and a half.

If a public holiday falls on a day when an employee would normally work, the employee is entitled to a paid day off at a different time (an ‘alternative holiday’ or ‘day in lieu’), unless the employee only works on public holidays.

If an employee does not work on a public holiday and the holiday falls on a day when the employee would normally work, the employee must be paid for that day using either relevant daily pay (RDP) or average daily pay (ADP).

I understand that in this period that Christmas and Boxing day and New Years day and the day after New Years day become Monday-ised and Tuesday-ised depending on the year. As this year they are falling on Monday and Tuesday respectively, how are they treated?

This year, the Christmas and New Year public holidays fall on Monday and Tuesday. The movement of these days (also known as Monday-isation and Tuesday-isation) is not incorporated this year as this only occurs when said public holidays fall on a weekend day. This will not occur this year and the public holidays will only fall on and be observed on their usual calendar days.

I plan on closing my business on Christmas day. Do I still need to pay my employees?

Yes, if Christmas day (Sunday 25 December 2022) is an otherwise working day for your employees then they would need to be paid their ordinary wage or sum of (the greater of the two). The same rule applies to any of the public holidays you may choose to be closed on.

My business will go into it’s annual closedown before Christmas Day and will not reopen until the middle of January. Do I still have to pay my employees for the public holidays occurring during this closedown period?

Yes, employees that would have other wised worked on those public holidays if the closedown was not enforced would need to be paid their normal days wages or other thing. Keep in mind that the above Tuesday-isation rules also apply here.