With numerous public holidays looming (we’re looking mostly at you, Victoria…), a few refresher points for employers about public holidays.
Where an employee (except, generally, a casual) would be at work on a day if the day was not a public holiday, the employer usually must pay to the employee the base rate of pay for the employee’s ordinary hours of work on that day. (This will also apply to the National Day of Mourning for Her Majesty).
Employers can request that employees work on a public holiday.
Employees can refuse an employer’s request that they work on a public holiday if the request is not reasonable, or if their refusal is reasonable. The reasonableness (or not) will be determined by looking at things like:
- how much notice the employee was given about having to work on the public holiday (the short notice given to the entire country about the National Day of Mourning for Her Majesty would excuse employers to some extent, although employers should certainly – if not already – give notice to employees sooner than later);
- whether the employee had an expectation that they may need to work on the public holiday (employment contracts can be very helpful here);
- the employee’s personal circumstances and any family responsibilities they have;
- whether the employee would receive remuneration for the day which would adequately reflect an expectation of work on a public holiday; and
- the nature of the employer’s business (e.g. would the business need to close if the employee did not work on that day).
Where an employee works on a public holiday (this will also apply to the National Day of Mourning for Her Majesty), they will be entitled to be paid penalty rates (although check your Award, EA and/or contract of employment for any ability to deal with it differently, such as through substitution of the day for another – but do bear in mind that this could affect the reasonableness elements insofar as the remuneration aspect is concerned, see above).
