Strengthening Enforcement Employment Standards

Employment standards are requirements such as the minimum wage, annual holidays and written employment agreements. They protect vulnerable workers and help to ensure workplaces are fair and competitive.

Why commission payments can put your business at risk: New Court of Appeal Judgement on calculation of annual leave

A recent decision by the Court of Appeal has potentially changed the way employers calculate and pay annual holidays, after the meaning of the word “regular” was defined in the context of the Holidays Act 2003 (the Act). Specifically, the Court considered whether productivity or incentive-based payments should be excluded from the ordinary weekly pay calculation contained in s 8(2) of the Act.

Regular In The Context Of The Holidays Act And Annual Leave Court Of Appeal Judgement

A recent decision by the Court of Appeal has potentially changed the way employers calculate and pay annual holidays, after the meaning of the word “regular” was defined in the context of the Holidays Act 2003 (the Act). Specifically, the Court considered whether productivity or incentive-based payments should be excluded from the ordinary weekly pay calculation contained in s 8(2) of the Act.

Cashing Annual Leave

The Holidays Act 2003 provides that on one or more separate occasions an employee can request that his or her employer pay out a portion of the employee’s annual leave entitlement. There are conditions and restrictions to this cashing up provision (sections 28A-F), the main ones of which are outlined below:

Closedown Periods Christmas

With Christmas only a few weeks away, we thought we’d do a brief reminder about Closedown Periods that often occur during this festive time.

A Cashing Week Annual Leave

An employee is entitled to four weeks of annual leave. The employee has a large amount of annual leave owing. Both the employer and the employee have agreed that the employee can cash up any portion of the annual leave entitlement.

Permanent Employee Work Hours Week

Question: Is it legal for an employee under a individual employment agreement to work variable hours per week?

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