Most Read Contributor in New Zealand, November 2016
The Holidays Act has struck again with Waitangi Day falling on a
Saturday this year. If the very thought of this has you reaching
for the paracetamol, this article will hopefully help alleviate the
While no employee is entitled to the benefit of both days being
considered public holidays, the fact that Waitangi Day and Anzac
Day are now Mondayised gives rise to a number of different
scenarios based on what days an employee would normally work and
whether either the actual public holiday or the Monday are
In order to simplify or clarify Mondayisation, we take a close
look at Waitangi Day (Saturday 6 February 2016) and set out the
number of possible scenarios below:
If you normally work on a Monday, and not the Saturday (the
actual public holiday), the Monday will be treated as the public
holiday and on the Monday you will either be paid your normal rate
of pay if you do not work or receive time and a
half and a day in lieu if you do work.
If you normally work on the Saturday and not the Monday,
Saturday will be recognised as the public holiday and you will be
either paid your normal rate of pay if you do not work or receive
time and a half and a day in lieu if you do work
If you work both the Saturday and the Monday
and both these days are normal working days for you, you will
receive time and a half and a day in lieu for Saturday and you will
be paid your normal rate of pay for the Monday.
If neither the Saturday nor the Monday are normal working days
for you, if you work the Saturday you will receive
your normal rate of pay and if you work the Monday
you will receive time and a half, but will not receive a day in
Whether or not a public holiday is 'otherwise a working
day' for a particular employee, is another can of worms, and
far from clear cut. However, the good news is that Anzac Day and
Waitangi Day will not be Mondayised again until Saturday 25 April
2020 and Saturday 6 February 2021.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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3.Courts are imposing larger fines and compensation for non-economic loss for contraventions of the Fair Work Act.
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