50 Employer must pay employee at least time and a half for working on public holiday

(1)

If an employee works (in accordance with his or her employment agreement) on any part of a public holiday, the employer must pay the employee the greater of—

(a)

the portion of the employee’s relevant daily pay or average daily pay (less any penal rates) that relates to the time actually worked on the day plus half that amount again; or

(b)

the portion of the employee’s relevant daily pay that relates to the time actually worked on the day.

(2)

In subsection (1)(a), penal rates

(a)

means an identifiable additional amount that is payable to compensate the employee for working on a particular day of the week or a public holiday; but

(b)

does not include, for example, any additional payment for a sixth or seventh day of work.

(3)

This section is subject to section 51.

Section 50: substituted, on 22 October 2004, by section 5 of the Holidays Amendment Act 2004 (2004 No 85).

Section 50(1)(a): amended, on 1 April 2011, by section 17 of the Holidays Amendment Act 2010 (2010 No 126).