What holiday and leave entitlements apply when an employee is dismissed before Christmas then re-employed within a month?
When an employee has been dismissed from the job and then re-employed within a month, their employment must normally be treated as being continuous for the purpose of entitlements under the Holidays Act, such as annual holidays, public holidays, sick leave and bereavement leave. The exception to this is where a Labour Inspector makes a determination that they are satisfied that the employer acted in good faith and did not dismiss the employee to avoid his or her obligations under the Holidays Act.
As an example, where an employee is dismissed from the job on the 24th of December and is re-employed on to the job on the 5th of January then the employee’s employment is treated as being continuous. The employer will then need to establish the entitlement to public holidays that fell between 24th of December to 5th of January. The employee’s entitlement will depend on the normal working pattern for that employee, such as:
If the employee’s working pattern does not fit the above examples and you need assistance to determine their entitlements over the holiday period contact the Department on 0800 20 90 20, or write to us at PO Box 105 183 Auckland Central 1030, or contact us by email
Date Modified: Thursday, March 31, 2011
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and employees may be affected by some differences in the laws that apply to them (e.g. State
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