Q: I’ve had a query from a client who is a commission only employee.  He recently had an accident and is on ACC.  While on ACC he is still being paid commission on sales he made prior to the accident, however the employer has ceased accruals on holiday pay.

I’ve tried to find information online to support that his holiday pay should continue as commission is treated as ordinary earning, therefore holiday pay liable, but I’ve not been able to source anything.

Are you able to point me to a site that can substantiate that?  And the other side of the query is that his sick leave anniversary should still roll over at the same date, correct?

A: Section 16(2)(a)(iv) states the ACC is counted as continuous employment under the Holidays Act