HOLIDAY PAY

Otago Daily Times, Issue 25101, 17 December 1942, Page 4

HOLIDAY PAY

LEGAL PROVISIONS BOXING DAY A SATURDAY Th? fact that* Boxing Day falls on a Saturday this year has revived discussion of the industrial laws relating to holidays and payment for work done on such days. The subject last arose five years ago (says the New Zealand Herald), when Christmas Day and New Years Day fell on Saturdays, and it was finally settled by the Court of Appeal. . . Under the Factories Act, occupiers of factories are required to allow eight holidays at ordinary rates of pay in each year. Claims were made by certain workers in 1937 that as Christmas Day, Boxing Day. and New Year's Day fell outside the five-day working week they were entitled to full wages for those days, in addition to the week’s wages. Appeal Court Decision • This was not the intention of the Legislature, but before the legal position could be clarified claims for wages were uphald in test cases brought before the Arbitration Court and a magistrate. One action was taken to the Appeal Court, which unanimously decided that the judgment of the Arbitration Court was wrong in its interpretation of the relevant statutory provisions and allowed the appeal from the magistrate’s decision. , In the course of judgment, the Chief Justice, Sir Michael Myers, said what the Legislature had in mind was simply that the worker should not be at any financial loss 1 by reason of the holiday; in other words, that there should be no deduction from wages in respect of the statutory holiday. It was a necessary assumption, he added, that “ allowed ” holidays should fall on a working day, since a declared holiday already belonged to the worker and there was nothing for the employer to allow or give. Boxing Day this year will, therefore, merge with the Saturday holiday for industries working a live-day week and there will not be any claim upon employers for wages on account of that holiday. Every person employed in industry under the Factories Act during the fortnight preceding is entitled to each of the holidays and wages will be payable for Christmas Day and New Year’s Day, but not for Boxing Day. Essential Industries In essential undertakings which close over the holidays, employees who are engaged on a weekly basis are entitled to their full wages and hourly workers to the minimum weekly wage, as prescribed by the Minimum Weekly Wage Order. This latter order does not apply to apprentices, who are entitled to the amount prescribed in their contracts. The Retail Shop Assistants’ Award sets out that no payment in addition to the weekly wage shall be made to any . employee on account of any holiday which falls on a day not ordinarily a working day, except for work actually performed on such day. Special additional rates for Christmas Day, Boxing Day and New Year's Day are payable to tearoom and restaurant workers.