What is an employee's entitlement for Easter Sunday?

Easter Sunday is not a public holiday under the Holidays Act 2003.There are restrictions on certain types of shops opening on that day (Shop Trading Hours Act Repeal Act 1990), but it is not a public holiday.

If an employee works on Easter Sunday, then payment for that day would be at the ordinary rate of pay unless it was otherwise negotiated between the employer and the employee.  If an employee did not work on that day due to the shop being closed as a part of its restrictions, and Sunday is the employee’s normal day of work, then payment for that day would be a contractual matter between the employee and employer (that is, it would depend on the terms and conditions of the employee’s employment agreement).

Typically, under common law principles, where an employee is available, willing and able to do work on a particular day and this day is a contracted day of work for the employee, then the employer has an obligation to provide the employee with work for that day.  If the employer did not provide work, and it was through no fault of the employee’s that they were unable to work, then there could be an obligation for the employer to pay wages for that particular day.  However, as this is under common law principles, this can be superseded by any other agreement made between the two parties.

More information is available at www.dol.govt.nz