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Wellington, March 28, 2021
Regardless of Covid-19 Alert levels, there are some essential rules that apply over the Easter and ANZAC holidays that affect employer obligations to their employees and the ability of shops to trade.
Employee Rights and Public Holidays
This year, Good Friday will be observed on April 2, Easter Monday on April 5 and Anzac Day on April 25, 2021.
Employees do not have to agree to work on Good Friday, Easter Monday or Anzac Day, unless these conditions are met – these are days that the employee would have normally worked, and their employment contract says they have to work on the public holidays.
Easter Holidays
If an employee normally works on Fridays and/or Mondays and works on Good Friday (April 2, 2021) and/or Easter Monday (April 5, 2021), they have to be given a paid day in lieu of each of these days worked.
However, if an employee normally works on Fridays and/or Mondays and they don’t work on Good Friday (April 2, 2021) and/or Easter Monday (April 5, 2021), they still have to be paid for the holidays.
Shop employees have the right to refuse to work on Easter Sunday (not a public holiday).
This acknowledges that Easter Sunday is a day of special significance across New Zealand.
Shops include retail stores, plus cafes, bars and restaurants that sell goods including food.
ANZAC Day Examples
This year, ANZAC Day falls on a Sunday, therefore it is Mondayised.
This is covered by these common scenarios as per the following examples.
Amelia works in a construction job and does not normally work on Sundays.
She has her public holiday benefits applied on Monday, April 26, 2021 when she should get a paid day off.
Arun is a retail shop employee who usually works on Sundays but not Mondays. His public holiday benefits apply on Sunday, April 25, 2021. If he works the Sunday as usual, he should be paid time and a half (normal pay rate multiplied by 1.5) and an alternative holiday.
Mia is a restaurant employee who usually works on both Sundays and Mondays. Her public holiday entitlements apply on April 25, 2021. If she works the two days as usual, she should be paid time and a half for working Sunday and get a paid alternative holiday for working Sunday. For working Monday she should just be paid her normal pay rate.
Business on Easter and ANZAC Holidays
Shops cannot open on Good Friday, Easter Sunday or ANZAC Day (25 April) until 1pm. However, there are some exceptions:
Shops including dairies, service stations, take away bars, restaurants cafes, souvenir stores can open with conditions limiting the goods they can sell based on the type of store they are. Garden centres can only open on Easter Sunday. Pharmacies can open with no conditions.
Some shops have an area exemption, for example, tourist resorts.
Some shops are covered by a city and district council Easter Sunday trading policy. Contact your council for more information.
These rules only apply to businesses that are shops as covered by the Shop Trading Hours Act 1990. Other businesses can open during the Easter and ANZAC holidays.
Source: Employment New Zealand
