Proposed amendment to the Shop Trading Hours Act
Thursday, 28 October 2010 08:42
The following is the Shop Trading Hours Act Repeal (Waitaki Easter Trading) Amendment Bill. Clubs need to be aware of the proposed amendment as it makes changes to employee rights around working on a statutory holiday.
The proposed amendment would require an employer who intends to open a shop on Good Friday or Easter Sunday (or both), to give an employee (a) reasonable notice of that intention; and (b) a reasonable opportunity to advise the employer whether he or she agrees to work on Good Friday or Easter Sunday (or both).
House of Representatives
Supplementary Order Paper
Thursday, 14 October 2010
Shop Trading Hours Act Repeal (Waitaki Easter Trading) Amendment Bill
Proposed amendment
Jacqui Dean, in Committee, to move the following amendment:
New clause 5A
To insert the following clause after clause 5 (after line 18 on page 2):
| 5A | New sections 7B and 7C inserted | |
| The following sections are inserted after section 7A: | ||
| "7B" | Further consequential protection for other shop workers | |
| "(1) | This section- | |
| "(a) applies to a shop that is entitled to remain open on Good Friday and Easter Sunday under section 4B: | ||
| "(b) does not apply to a shop that, immediately before the commencement of the Shop Trading Hours Act Repeal (Waitaki Easter Trading) Amendment Act 2010, was entitled to remain open on Good Friday or Easter Sunday under section 4 or 4A: | ||
| "(c) overrides an employment agreement or condition of employment (whether entered into, or agreed to, before, on, or after the commencement of the Shop Trading Hours Act Repeal (Waitaki Easter Trading) Amendment Act 2010 to the extent that the employment agreement or condition is inconsistent with this section. | ||
| "(2) | On each occasion where it is intended to open a shop on Good Friday or Easter Sunday (or both), the employer of each shop worker must give the shop worker- | |
| "(a) reasonable notice of that intention: and | ||
| "(b) a reasonable opportunity to advise the employer whether he or she agrees to work on Good Friday or Easter Sunday (or both). | ||
| "(3) | A shop worker is entitled to refuse to work on Good Friday or Easter Sunday (or both) unless he or she has expressly agreed to work following notice under subsection (2). | |
| "7C | Refusal by shop worker to work under section 7B | |
| "(1) | This section applies if a shop worker refuses to work on Good Friday or Easter Sunday (or both) under section 7B(3). | |
| "(2) | If, by reason of the shop worker's refusal to work, the shop worker's employer or a representative of the employer does any thing described in section 104(1)(a) to (c) of the Employment Relations Act 2000 in relation to the shop worker, the shop worker is to be treated as having been discriminated against in the shop worker's employment for the purposes of section 103(1)(c) of that Act and the provisions of that Act apply accordingly. | |
| "(3) | If a shop worker refuses to work on Good Friday or Easter Sunday (or both), the employer may employ another person to work in place of the shop worker only on Good Friday or Easter Sunday (or both)." |
Explanatory note
This Supplementary Order Paper inserts a provision to provide explicit protections for employees who may choose not to work on Good Friday or Easter Sunday (or both) in addition to those available to employees under the Employment Relations Act 2000 and the Holidays Act 2003.