Q: I am wondering if you would be able to bring more clarity around payments for staff, who are On Call on Public Holidays.

The legislation isn’t 100% clear on that.

We have a situation where staff did on call on Monday the 24th of October (Labour Day).

Mon-Fri would be otherwise working days for them.

Scenario 1. Staff, who got called our got paid at 1.5 rate for ACTUAL hours, got their On call Allowance + Alternative holiday. This one is clear.

Scenario 2. What about staff who did not get called out on the day? They are entitled to On Call Allowance and Alternative holiday, as they had to restrict their activities. Do they also need to be paid for a Stat Day at the rate of their relevant pay or ADP (whichever is greater)?

A: RDP and ADP are not greater of calculations, RDP is the default and is based on what the employee would have been paid if they had worked.  ADP can only be used if the day cannot be defined under RDP.

The payment of the On Call Allowance is an agreed term so it gets paid or not paid based on what was agreed.