The third restricted trading day, Easter Sunday, is not a public holiday.
One of four things can happen to employees whose workplaces must close on Easter Sunday:
1. An employer may give an employee 14 days notice to take a day of annualholiday owing to them on the Easter Sunday.
2. The employee's employment contract or agreement may spell out whetheror not the employee will be paid, or if they will undertake alternative duties that day.
3. An employer and employee may agree to transfer a public holiday towhich the employee is entitled to Easter Sunday. In other words, transfer Easter Monday (when shops are open) to Easter Sunday (when shops must close).
4. If none of the above is agreed to, the employee may have a claim forwages owed if they cannot work through no fault of their own. Furthermore, the employer may have a defence by claiming they could not provide work through no fault of their own, and the contract is thus frustrated. In this instance, an employer may withold pay, and an employee who does not receive pay may attempt to recover money they believe they're owed by lodging a recovery of wages claim with the Employment Relations Authority.
Our thanks to the Department of Labour for parts of this article.
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