Q: I have recently done a back pay for an employee which relates to underpayment for an allowance between 2012 and 2022.
The Collective Agreement that the employee is on, states that Public Holidays should be paid at the greater of Relevant Daily Pay and 4 Week Average Pay.
As his Back pay was processed within the last 4 weeks, this has pushed his Public Holiday rate up to a much higher rate than normal. My question is, is he entitled to this higher rate of pay considering the backpay related to money owed over 10 years ago?
A: PHs are not calculated based on the greater of, and there is no 4-week average used, so this is totally non-compliant with the Holidays Act.
The act states RDP if the day can be defined or if it cannot then ADP.