With the growing season in full swing, you’ll no doubt be expanding your workforce, whether it’s pickers, packers, or other seasonal workers that you need. So it’s time to consider your legal obligations when it comes to engaging extra staff.
Public holiday entitlements
All employees are entitled to a public holiday if it is a day they would normally be working (an otherwise working day), regardless of whether or not their employment agreement says they are a casual worker.
If it is not clear whether a day would otherwise be a working day for the employee, there are a number of factors you should consider, including:
- the employment agreement
- the employee’s work patterns and roster
- any reasonable expectation that the employee would have worked that day
Are your workers casual?
An employment agreement can state one thing, but the reality might be different. If an employee is working every day – or most days, unless the work is canceled (for example, due to rain or fruit not being ripe) – then the work is more likely to be considered ongoing or fixed-term employment with shift cancellations, than casual employment.
If you are unsure of your obligations, and the rights and responsibilities of seasonal workers, be sure to check out the information on the Employment New Zealand website.