Q: A catering company who has a government contract to supply school lunches under the ‘Ka Ora, Ka Ako programme’ employs a person to deliver these lunches on Thursday & Friday. His contract states that he is not required to work during school holidays. As Good Friday was a public holiday & the school was not open, the company did not pay the employee. Is this legal?
The employee’s usual days of work are a Thursday & Friday.
A: Does school holidays mean the break between terms or PH’s that may happen during the term? Or both?
Q: We believe that the contract stated school holidays between terms and did not refer to public holidays, but the employee has not been given a copy of their contract.
The employee’s usual days of work are Thursday & Friday.
A: By stating this in an employment agreement it would be non-compliant as it is disadvantaging the employee.
They worked the week before, they would have worked the day if not being a PH, and they would be working the day after. They should be paid for the day being taken as a PH taken.