Mondayising Anzac Day and Paying your Employees

Q. If a staff member works Saturday 25th and Monday 28^th, do I have to pay them Stat day pay for both days as the actual date of ANZAC day is 25th Saturday but the holiday is recognised on Monday 28^th?

A. The answer is based on the assumption the employee’s  employment agreement doesn’t provide any terms in addition to the statutory minimum requirements.

It is key to remember that employees are only entitled to have one of the days  treated as a public holiday – they can’t double dip.

There is also the complicating factor for retailers (with a few exceptions) being unable to trade up to 1pm on ANZAC day. This restriction does not transfer to the Monday, it only applies for ANZAC day itself.

If ANZAC Day (the Saturday) is ordinarily a working day for the employee and the employee does not work on that day, they are paid for the day as the public holiday. Monday is treated as an ordinary day for them. If they work on the Monday they are paid as a normal work day. If they don’t normally work on the Monday they don’t get paid.

If ANZAC Day (the Saturday) is ordinarily a working day for the employee and the employee does work on that day, they are paid time and a half for the hours they work, and they get to have an alternative day off (lieu day). Monday is an ordinary day for them.

If ANZAC Day (the Saturday) and the Monday is ordinarily a working day and you are closed on Saturday and on Monday then the Saturday becomes the Stat day and the Monday is paid as an ordinary day. The employee should still get their normal weeks wage despite not working either day.

If an employee does not ordinarily work on ANZAC Day (the Saturday), the public holiday is observed on the Monday.

If the employee would ordinarily work on the Monday but they don’t, they are paid for the day as a public holiday.

If they do work on the Monday they are paid time and a half for the hours they work, and they get to have an alternative day off (lieu day).