You might not get that flat white on Memorial Day!
Published: 9/22/2022
The information in these articles is general information only, is provided free of charge and does not constitute legal or other professional advice. We try to keep the information up to date. However, to the fullest extent permitted by law, we disclaim all warranties, express or implied, in relation to this article - including (without limitation) warranties as to accuracy, completeness and fitness for any particular purpose. Please seek independent advice before acting on any information in this article.
Following the death of Queen Elizabeth II, the Government passed into law the Queen Elizabeth II Memorial Day Act to provide for a one-off public holiday.
Section 47 of the Holidays Act 2003 provides that an employer may require an employee to work on a public holiday if the public holiday falls on a day which, but for it being a public holiday, would otherwise be a working day for the employee; and the employee is required to work on the public holiday under the employee’s employment agreement.
Many employment agreements list the relevant public holidays, but will not include Memorial Day. There could be an issue whereby employers may not be able to require an employee to work on Memorial Day because the employment agreement does not permit that. This will be most prevalent in retail, hospitality, manufacturing, and many other businesses.
We recommend employers should check their employment agreements if they want employees to work on Monday 26 September.
Need advice?
If you're unsure how this one-off public holiday will affect your business, please contact a member of our Employment Team.
DisclaimerThe information in these articles is general information only, is provided free of charge and does not constitute legal or other professional advice. We try to keep the information up to date. However, to the fullest extent permitted by law, we disclaim all warranties, express or implied, in relation to this article - including (without limitation) warranties as to accuracy, completeness and fitness for any particular purpose. Please seek independent advice before acting on any information in this article.
