Q: We have a new client that has requested an unusual work pattern set-up for one of their new hires. we don’t have such a set-up at the moment, but I know some companies may surely have such arrangements.

This new employees will be working 7 days on and 7 days off and will be paid a total of 56 hours in the fortnightly payroll. Can you please share your guidance on how best we can set this up so the employees leave etc is managed correctly.

A: As an agreed term this will cause major issues with leave as the Holidays Act is based on the week.  They will have to define what a week is when a week is taken, define when leave is taken if the employee would have been working at that time.

Using an average to define the week for the employee cannot be used as it does not aligned with section 17 of the act “What genuinely constitutes a working week for the employee” as an average could be less than what a week actually is for the employee.

I would put it back on the client that they must define the week for the employee every time the employee takes leave and get them to sign a clause that they understand this work pattern does not fit with the requirements of the Holidays Act and may create noncompliance that the client will be liable for.  You need to cover your back if the client wants to do this.