By Sascha Nicoll
Over the Easter and ANZAC Day holidays, there are two-and-a-half days where restricted trading rules apply. This time of year can be challenging for employers; you must determine whether you can operate on a restricted trading day. And, you’ll have to wrap your head around how trading restrictions may impact your employees’ rights and holiday entitlements under the Holidays Act 2003. Here in this blog, I’ll provide some guidance on how you can manage your workforce and stay on top of your employer obligations under the Easter and ANZAC Day trading laws.
2021 Easter and ANZAC Day holidays
This year’s Easter and ANZAC Day holidays are:
- Good Friday, Friday 2 April 2021;
- Easter Sunday, Sunday 4 April 2021 (not a public holiday);
- Easter Monday, Monday 5 April 2021; and
- ANZAC Day, Sunday 25 April 2021 or Mondayised on Monday 26 April.
The HR Assured team previously covered the ins and outs of managing public holiday leave and pay in this public holiday cheat sheet for employers which I encourage you to revisit if you have any doubt about Easter holiday entitlements or the mondayisation of holidays.
Restricted trading days in New Zealand
Under the Shop Trading Hours Act 1990, the Ministry of Business, Innovation and Employment stipulate that all shops (with some exceptions) remain closed before 1 PM on Anzac Day and all day on any day that is Good Friday, Easter Sunday, or Christmas Day. These are known as Restricted Trading Days.
Businesses that are exempt from closing on restricted trading days
There are some shops or businesses which are exempt from the Restricted Trading Day rules and which can operate on these days.
As a shop or business owner, it’s your responsibility to determine if you meet the exemption criteria and are able to open on a Restricted Trading Day. Examples of businesses that may be exempt are mainly those which allow certain types of essential services to still be available, such as small grocery shops or dairies, garden centres, pharmacies, or petrol stations. You may also be able to open if your business is in an area where the local city or district council has put a location policy in place.
For further clarification on whether your business can open on a Restricted Trading Day contact the HR Assured team for advice.
Opening on a Restricted Trading Day can be a criminal offence
It’s considered a criminal offence if you decide to open your shop or business on a Restricted Trading Day and you don’t meet one of the exemption categories I’ve listed above. In this instance, you may face a fine of up to $1,000.
Your employer obligations on Easter Sunday
If your business is allowed to open for business as usual, or if ‘non-trading’ work (such as stocktake) is made available to your employees on Easter Sunday and you require your employees to work, then you need to ensure that you have the correct processes in place. This includes notifying your employees in writing at least four to eight weeks before Easter Sunday, that you’re requesting them to work and that they have the right to refuse.
Easter Sunday is not a public holiday, so If you do open on this day, you’ll only need to pay the applicable employees their usual pay rate. Any employee who works on Easter Sunday will not be entitled to a paid day off or time and a half for the hours that they work.
Also, if an employee would usually work Sundays but you’re closed, there’s no requirement to provide the employee with a paid day off unless it’s stated in their employment agreement.
Employee rights and responsibilities on Easter Sunday
If you request an employee to work on Easter Sunday, they must let you know (in writing) if they intend to work within 14 days of them receiving your notice. Employees do have the right to refuse to work without a reason. And you must not treat them badly or differently if they decide not to work.
If your employee doesn’t follow these notice requirements, and their employment agreement states that they may be required to work on Easter Sunday, then as an employer, you can require them to work.
If you as an employer, don’t meet the correct notice requirements, treat the employee differently due to refusing to work, or insist that they do work despite their legitimate refusal, then there is a risk that your employee will have grounds for a successful personal grievance claim.
Three tips if you open for trade over Easter Sunday
If your business can (and you choose to) open on Easter Sunday, here are three tips to think about to avoid the risk of a fine or personal grievance claim against you:
- Have a clear and up-to-date leave policy in place.
- If you know you’ll need workers available on Easter Sunday or other Restricted Trading Days, consider including a clause in your employment agreements which states your employees may be required to work on these days.
- Set a reminder at least four to eight weeks before Easter Sunday to advise employees of their right to refuse work if you plan to stay open.
Juggling the different rules and requirements over the Easter and ANZAC holidays can be tricky. But there are several steps you can take to help you meet your employment obligations to your employees – without dropping any balls! It’s essential that you understand your rights and responsibilities to your employees over a Restricted Trading Day and act accordingly. Keep this handy guide bookmarked for any time that you need a quick refresher.
If you would like to discuss any matters relating to Easter and ANZAC Day trading for your business get in touch with our friendly team of experts at HR Assured.
Sascha Nicoll is an Employment Relations and Safety Consultant at HR Assured New Zealand. She has over 15 years of experience working in the HR industry in both consulting and in-house roles. Sascha provides support to business leaders on workplace matters including people management, health and safety, procedural development and HRIS support.