Holidays Amendment Act 1991
Holidays Amendment Act 1991
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Holidays Amendment Act 1991
Holidays Amendment Act 1991
Public Act |
1991 No 26 |
|
Date of assent |
7 May 1991 |
|
Contents
An Act to amend the Holidays Act 1981
BE IT ENACTED by the Parliament of New Zealand as follows:
1 Short Title and commencement
(1)
This Act may be cited as the Holidays Amendment Act 1991, and shall be read together with and deemed part of the Holidays Act 1981 (hereinafter referred to as the principal Act).
(2)
This Act shall come into force on the 15th day of May 1991.
2 Interpretation
(1)
Section 2(1) of the principal Act is hereby amended by repealing the definitions of the terms “agreement”
and “award”
.
(2)
Section 2(1) of the principal Act is hereby amended by inserting, after the definition of the term “employer”
, the following definition:
“‘Employment contract’ has the same meaning as in the Employment Contracts Act 1991:”.
(3)
Section 2(1) of the principal Act is hereby amended by repealing the definition of the term “Labour Inspector”
(as substituted by section 2 of the Holidays Amendment Act 1990), and substituting the following definition:
“‘Labour Inspector’ means a Labour Inspector designated under section 143 of the Employment Contracts Act 1991:”.
(4)
Section 2 of the Holidays Amendment Act 1990 is hereby consequentially repealed.
3 Meaning of term “ordinary pay”
Section 4 of the principal Act is hereby amended by repealing subsection (2), and substituting the following subsection:
“(2)
For the purposes of subsection (1) of this section, where—
“(a)
No ordinary time rate of pay is fixed for any worker’s work under the terms of the worker’s employment; or
“(b)
No normal weekly number of hours of work is fixed for any worker under the terms of the worker’s employment,—
the rate or number, as the case may be, shall be such as is agreed by the employer and the worker, or, failing such agreement, such as is determined by a Labour Inspector.”
4 Certain provisions to bind the Crown
(1)
The principal Act is hereby amended by repealing section 7 (as amended by section 3 of the Holidays Amendment Act 1990), and substituting the following section:
“7
Except with respect to—
“(a)
Undertakings or factories occupied by the armed forces (within the meaning of the Defence Act 1990):
“(b)
The employment of any person as an officer, a rating, a soldier, or an airman in the New Zealand Defence Force constituted by section 11(1) of the Defence Act 1990,—
section 7a and sections 25 to 30 of this Act shall bind the Crown.”
(2)
Section 3 of the Holidays Amendment Act 1990 is hereby consequentially repealed.
5 Public holidays
The principal Act is hereby amended by inserting, after the heading “Public Holidays” and before section 8, the following section:
“7a
“(1)
Every employment contract shall provide, in relation to every worker bound by it, for the grant to the worker in each year of not less than 11 whole holidays which shall, where they fall on days that would otherwise be working days for the worker, be holidays, on pay, in addition to annual holidays.
“(2)
Unless the employment contract otherwise provides or a worker and the worker’s employer otherwise agree, the holidays provided for pursuant to subsection (1) of this section shall include—
“(a)
Christmas Day:
“(b)
Boxing Day:
“(c)
New Year’s Day:
“(d)
The second day of January (or some other day in its place):
“(e)
Good Friday:
“(f)
Easter Monday:
“(g)
ANZAC Day:
“(h)
Labour Day:
“(i)
The birthday of the reigning Sovereign:
“(j)
Waitangi Day:
“(k)
The day of the anniversary of the province (or some other day in its place).”
6 Anniversary days
Section 8(1) of the principal Act is hereby amended by omitting the words “or any Act, award, or agreement”
, and substituting the words “Act or in any other Act or in any employment contract”
.
7 Christmas and New Year holidays
(1)
Section 9 of the principal Act is hereby amended by omitting from subsections (1) to (3) the words “or any Act, award, or agreement”
wherever they appear, and substituting in each case the words “Act or of any other Act or of any employment contract”
.
(2)
Section 9 of the principal Act is hereby further amended by omitting from subsections (4) and (5) (as added by section 2 of the Holidays Amendment Act 1983) the words “award or agreement”
, and substituting the words “employment contract”
.
8 Labour Day
The principal Act is hereby amended by repealing section 10, and substituting the following section:
“10
Where in this Act or in any other Act or in any employment contract reference is made to Labour Day, that reference shall be deemed to be a reference to the fourth Monday in October.”
9 When annual holidays to be taken
Section 12(2) of the principal Act is hereby amended by omitting the words “any award or agreement applicable to the worker or”
.
10 Extra day to be given when special holiday taken
Section 15 of the principal Act is hereby amended by omitting the words “or any Act, award, or agreement”
, and substituting the words “Act or any other Act or any employment contract”
.
11 Calculation of holiday pay where work ceases periodically
Section 18(6) of the principal Act is hereby amended by omitting the words “, award, or agreement”
, and substituting the words “or any employment contract”
.
12 Employment may be deemed continuous if worker dismissed and re-employed within one month
(1)
Section 20 of the principal Act (as amended by section 4(2) of the Holidays Amendment Act 1990) is hereby amended by repealing subsection (2), and substituting the following subsection:
“(2)
Any employer or worker affected by any determination made under this section by a Labour Inspector may, at any time within 14 days after the communication to that employer or worker of the Labour Inspector’s determination, appeal in the prescribed manner to the Employment Tribunal established by the Employment Contracts Act 1991, and the decision of the Tribunal shall be final and binding on all parties.”
(2)
Section 4(2) of the Holidays Amendment Act 1990 is hereby consequentially repealed.
13 Special provisions as to workers entitled to annual holidays otherwise than under this Act
Section 23(1) of the principal Act is hereby amended by omitting the words “award or agreement”
, and substituting the words “employment contract”
.
14 Holidays in factories
Section 24 of the principal Act is hereby repealed.
15 Wages payable for holidays allowed and for holidays worked
(1)
Section 25 of the principal Act is hereby amended by omitting from subsection (1), and also from subsection (3), the expression “section 24(1)”
, and substituting in each case the expression “section 7a(2)”
.
(2)
Section 25(7) of the principal Act is hereby amended by omitting the expression “subsection (8)”
, and substituting the expression “subsections (8) and (9)”
.
(3)
Section 25 of the principal Act is hereby further amended by adding the following subsection:
“(9)
Notwithstanding anything in subsections (7) and (8) of this section, an employment contract may include provisions that negative or vary any of the provisions of those subsections.”
16 Wages payable for work on Sundays
Section 27 of the principal Act is hereby amended by adding the following subsection:
“(3)
Notwithstanding anything in subsections (1) and (2) of this section, an employment contract may include provisions that negative or vary any of the provisions of those subsections.”
17 Holidays in undertakings
Section 30(2) of the principal Act is hereby amended—
(a)
By omitting the words “an award or an agreement”
, and substituting the words “an employment contract”
:
(b)
By omitting the words “award or agreement”
, and substituting the words “employment contract”
.
18 Entitlement to special leave
The principal Act is hereby amended by inserting, after section 30, the following section:
“30a
“(1)
Every worker who works for any one employer for more than 6 months shall be entitled in each ensuing period of 12 months for which that worker works for that employer, to a minimum of 5 days special leave in accordance with the provisions of this section.
“(2)
Special leave under this section may be taken only when—
“(a)
The worker is sick; or
“(b)
The spouse of the worker is sick; or
“(c)
A dependent child or dependent parent of the worker or of the spouse of the worker is sick; or
“(d)
The worker suffers a bereavement.
“(3)
Special leave under this section that is not taken in any period of 12 months may not be accumulated for use in any subsequent period of 12 months.
“(4)
The worker’s employer shall, subject to subsection (6) of this section, pay to the worker for each day on which the worker takes special leave under this section an amount equivalent to the pay at the ordinary time rate of pay for the normal number of hours that that worker normally works on that day.
“(5)
Wherever practicable, a worker who wishes to take special leave on any day must, before that day or not later than 4 hours after the time at which he or she would otherwise be required to start work on that day, notify the employer that the worker wishes to take special leave on that day.
“(6)
No worker shall be entitled to be paid under this section for any day for which the worker is paid earnings related compensation under the Accident Compensation Act 1982.
“(7)
For the purposes of this section, a worker suffers a bereavement—
“(a)
On the death of his or her—
“(i)
Spouse; or
“(ii)
Parent; or
“(iii)
Child; or
“(iv)
Brother or sister; or
“(v)
Grandparent; or
“(vi)
Father-in-law or mother-in-law; or
“(b)
On any other occasion on which the employer accepts that, by reason of the death of any person, the worker has suffered a bereavement.
“(8)
In this section—
“‘Husband’ includes a man with whom a woman has entered into a relationship in the nature of marriage although not legally married to him; and ‘wife’ has a corresponding meaning:
“‘Spouse’ means the husband or wife of the worker.”
19 Consequential amendments
Section 31(3) of the principal Act (as substituted by section 5 of the Holidays Amendment Act 1990) and section 32 of the principal Act (as substituted by section 6 of the Holidays Amendment Act 1990) are hereby amended by omitting the words “Labour Relations Act 1987”
wherever they appear, and substituting in each case the words “Employment Contracts Act 1991”
.
20 No contracting out
Section 33 of the principal Act is hereby amended by omitting from subsection (1), and also from subsection (2), the words “or agreement”
.
21 Offences and penalties
(1)
Section 34 of the principal Act is hereby amended by repealing subsection (3) (as substituted by section 7(2) of the Holidays Amendment Act 1990), and substituting the following subsection:
“(3)
A penalty for an offence against this Act may be recovered by a Labour Inspector in the Employment Tribunal in the same manner as a penalty under the Employment Contracts Act 1991.”
(2)
Section 7(2) of the Holidays Amendment Act 1990 is hereby consequentially repealed.
22 Proceedings
Section 35 of the principal Act (as substituted by section 8 of the Holidays Amendment Act 1990) is hereby amended by repealing paragraph (a), and substituting the following paragraph:
“(a)
Civil proceedings for the recovery of any money payable by an employer to any worker under this Act may be taken by a Labour Inspector or the worker and brought before the Employment Tribunal established under the Employment Contracts Act 1991:”.
This Act is administered in the Department of Labour.
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Versions
Holidays Amendment Act 1991
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