Question:

 

We are just debating this issue at work at the moment and I’d like to ask for your advice on some public holiday scenarios:

 

Let’s say that we have a public holiday falling on a day on which the employee would have ordinarily worked this week (Monday). He ends up working 2 hours on this public holiday.

We are stuck between 2 scenarios:

 

1)   He gets paid as per normal for the public holiday (8 Hrs * Base Rate) + He gets paid at 0.5 * Base rate * hours actually worked + He gets an alternative day to take somewhere.

2)   He gets paid at 1.5 * Base * hours worked on the holiday + He gets an alternative day to take somewhere.

 

Are either of these correct or is there a better way to handle this scenario?

 

Answer:

There is another factor that impacts on your 2 scenarios and that is the terms and conditions of the employees employment.

 

Scenario 1: If it is not their fault that they only worked 2 hours and then was sent home the employment agreement would be applied.  If the agreement states the employee works an 8 hour day then the employer has an obligation to top up to the 8 hours.  The other payments would be part of this.

 

Scenario 2:  If the employee was able to choose to leave after 2 hours then this would be right (as per the act, you get paid for actual hours).

 

Another thing to keep in mind is it is not 1.5 x base it is 1.5 of RDP (Section 50).