Trade or not to trade??
Can retail and hospitality businesses trade during the Easter period, and what are the specific pay and leave obligations for staff?
The rules differ for each day of the Easter weekend because some are "restricted trading days" while others are standard public holidays.
Good Friday (3 April): A restricted trading day and a public holiday. Most shops must close.
Easter Saturday (4 April): A normal day. No trading restrictions; normal pay applies.
Easter Sunday (5 April): A restricted trading day, but not a public holiday.
Easter Monday (6 April): A public holiday, but not a restricted trading day. Shops can open normally.
Who can open on restricted days?
Exempt Businesses: Dairies, service stations, pharmacies, and souvenir shops (with conditions on goods sold).
Hospitality: Cafes and restaurants can open but can only sell alcohol to people dining (a "substantial meal").
Local Policies: Some Councils allow Sunday trading. You must check your specific local council's policy for Easter Sunday.
Check Your Status: Confirm if your business type or location allows you to open on Good Friday or Easter Sunday. Opening illegally can result in fines of up to $1,000.
Easter Sunday "Right to Refuse": Because Easter Sunday is not a public holiday but has special status, all shop employees have a legal right to refuse to work without giving a reason.
You must give employees written notice of this right 4 to 8 weeks before Easter Sunday.
Calculate Pay Correctly: Good Friday & Easter Monday: If worked, pay is Time and a Half + an Alternative Holiday (Lieu Day) if it’s an "otherwise working day."
Easter Sunday: Normal pay rates apply (unless your contract states otherwise) because it is not a public holiday.
Navigating the crossover between the Shop Trading Hours Act and the Holidays Act is notoriously tricky. We can provide you with:
Standardized "Right to Refuse" notice templates for your staff.
Advice on whether your specific business meets the "exempt" criteria.
Payroll audits to ensure your holiday pay calculations are compliant.
Annual Closedown Periods
Can an employer force staff to take leave and how does this affect pay?
The Requirements
Under the Holidays Act 2003, an employer can implement one annual closedown per year where employees are required to take annual leave. Employers must provide at least 14 days' written notice.
Public Holidays: If a public holiday falls during the closing down period on a day the employee would usually work, they must be paid for the holiday. It cannot be deducted from their annual leave balance.
Handling different staff scenarios
New staff / under 12 months: You must pay them 8% of their gross earnings up to the start of the closedown and reset their "anniversary date" for leave purposes to the start of the closedown or you can agree for annual leave to be taken in advance of entitlement.
How we can help
If you are planning a closedown consistency is key. We can assist in drafting your ‘Closedown Policy’and ensuring your 14-day notice letters meet legal requirements to avoid disputes.