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ANZAC DAY: A DAY TO REMEMBER
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ANZAC Day is a day dedicated to remembering. In 1920 the Government of the day introduced the ANZAC Day Bill with the purpose of legislating the day as a ‘closed’ holiday. Government offices, Banks, shops, factories, hotels and even sports grounds were closed.

This year - 100 years on - ANZAC Day joins other public holidays covered by the ‘Mondayisation’ rule – that is, if ANZAC (or Waitangi) Day falls on a weekend, the Public Holiday will be observed on the Monday following that weekend.
 
This year ANZAC Day falls on Saturday. What this means for employers will depend on the usual practice of the business.

Monday-working employees

The ‘Mondayisation’ rule allows employers to consider their options if the business operates on Monday to Friday:
 
Close of business
Employers can close their business on Monday 27 April 2015. This entitles employees, who usually work on a Monday, to be paid at their normal rate while enjoying a day off;
or

Continue Operating
Employers can continue operating on Monday 27 April 2015. This entitles employees who work on ANZAC Monday to be paid at the rate of time-and-a-half and receive an alternative holiday. For those employees who usually work on Monday and choose to take this day off, they will be paid their usual pay for that day and their annual leave will not be reduced.
 
Despite the Mondayisation rule, businesses are allowed to operate for the whole of Monday 27 April 2015 – the ANZAC Day hours of 1pm onwards only applies to businesses operating on the actual ANZAC Day, 25 April 2015.

Saturday-working employees

For businesses that operate on the weekend, Public Holiday rules also provide employers with a number of options:


Close of business
Employers can close their business on Saturday 25 April 2015. This entitles employees, who usually work on a Saturday, their usual pay while enjoying a day off;
or

Continue Operating
Employees who actually work on Saturday 25 April 2015 are entitled to be paid at the rate of time-and-a-half pay and receive an alternative day holiday. Retail is prohibited until 1pm under the Shop Trading Hours Repeal Act 1990. From usual opening hours until 1pm employees are to be paid at their usual rate, as if they were working on a normal Saturday, and from 1pm onwards employees are entitled to be paid at a rate of time-and-a- half for the hours they work. If the business falls within the exceptions under the Act, and they are open all of ANZAC Day, employees are entitled to be paid at time-and-a-half for all the hours they work.

Saturday OR Monday-working employees

If the business operates on both Saturday and Monday, the above applies to all employees who work on either the Saturday 25 April 2015 or Monday 27 April 2015. All employees who work on Saturday 25 April 2015 or Monday 27 April 2015 are entitled to be paid time-and-a-half and receive an alternative holiday, or if the business closes, employees receive their usual pay and a holiday.

Saturday AND Monday-working employees

If the business operates on both Saturday and Monday, and some employees work both of those days, the ‘Mondayisation rule’ has a number of effects.


Close of business
If the business closes either on the Saturday or the Monday, employers will need to make some decisions:
One option to discuss with employees is that the business will treat the closed day as the Public Holiday, and employees will receive pay at their normal rate for the day off, and the open day as an ordinary day at the usual pay.
A second option is that employers will treat the open day as the Public Holiday, and will need to pay employees at a rate of time-and-a-half and provide an alternative holiday.  The business will need to treat the closed day as an alternative day off, and pay their employees at their usual rate;
or

Open of business
If the business is open for both Saturday 25 April 2015 and Monday 27 April 2015, those employees who work on both Saturday and Monday are not entitled to double-dip.  Employees can either treat Saturday 25 April 2015 as the Public Holiday, entitling the employee to time-and-a-half and alternative holiday, and Monday 27 April 2015 as a normal working day.
 
We recommend employers talk to their employees, as they may wish to work on ANZAC Day or take the day off and this will affect their entitlements.
 
Finally, employers will be relieved to know that the ‘Mondayisation’ rule is likely to be used only twice every seven years! 

If you have any questions about this Newsflash, please contact Anthony Drake or Michael O’Brien in Auckland, and Greg Cain in Wellington.

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