Everyone
Working and trading on Easter Sunday
In addition to the restricted trading rules, local council policies may also apply to shops wishing to trade on Easter Sunday.
What employers must do
If a shop owner wishes to trade on Easter Sunday, they need to:
- check if their shop is excluded from the restricted shop trading rules
- check their local council policies to see if they are allowed to open
- notify their employees that they have the right to refuse to work on Easter Sunday.
Local council shop trading policies
City and district councils (territorial authorities) can put in place local policies that allow shops within their area, or parts of it, to trade on Easter Sunday.
Check with your local council for current policies.
Asking employees to work on Easter Sunday
All shop employees have the right to refuse to work on Easter Sunday. They do not have to give their employers a reason for refusing. This applies to all shop employees, including those who:
- work in shops in an area with a local council policy
- work in garden centres
- work in shops that are exempt from shopping restrictions, such as dairies and petrol stations
- do ‘non-trading’ work such as shelf-stacking or stocktaking in or from a shop – whether or not their area has local policies or exemptions.
Notifying your employees of their right to refuse
If an employer would like their employee to work on Easter Sunday, they must give them written notice letting them know they have the right to refuse to work. This could be:
- a letter or memo delivered in person
- an email or group email, or another
- way that is specified in the employment agreement.
The notice must be delivered at least 4 weeks (but no earlier than 8 weeks) before Easter Sunday. If an employee has started work within 4 weeks of Easter Sunday, their employer must give them notice as close to their start date as possible.
This process must be followed each and every year an employer wants their employee to work on Easter Sunday. It cannot just be written into their A written document setting out the terms and conditions of employment agreed by the employer and employee (also known as a ‘contract of service’). It can include other contractual documents and agreements made by the employer and employee. Every employee must have a written employment agreement.
- is not allowed to open their shop on Easter Sunday but still want shop employees to work (for example, to stack shelves or do stocktaking), the employer must still follow the process
- does not follow the notice requirements and require an employee to work on Easter Sunday, this is considered to be compelling them to work, and the employee could bring a personal grievance.
Easter Sunday trading template letter for employers [PDF, 84 KB]
Compelling employees to work
Employers cannot compel (force) their shop employees to work on Easter Sunday or treat them adversely (badly) for refusing to work. Compelling an employee to work includes:
- putting a provision in their employment agreement that says they have to work on Easter Sunday
- making working on an Easter Sunday a condition of their continuing employment
- using unfair influence to try to convince them to work on Easter Sunday
- requiring them to work on Easter Sunday without giving them the correct notice of their right to refuse.
Treating an employee adversely means treating them in a way that has a negative impact. This could include not offering them the same working conditions as another employee in similar circumstances or dismissing them.
If an employee has been compelled to work, or treated adversely, because they refused to work on Easter Sunday, they can raise a personal grievance.
If an employee does not want to work
If an employee does not want to work on Easter Sunday, they must:
- let their employer know in writing no later than 14 days from the date they receive their notice (or as soon as possible if they started working less than 14 days before Easter Sunday)
- deliver the notice to their employer – this could be a letter or memo delivered in person, by email, or in a way that is specified in their employment agreement.
If the employee does not follow these notice requirements, and their employment agreement has a clause stating that they may be required to work on Easter Sunday, they are obliged to work if asked to do so.
Joyce owns a supermarket and employs a large number of staff. The shop cannot open for business on Easter Sunday because the local council does not have a policy in place for this. Even so, Joyce wants employees who are normally rostered to work on Sundays to come in and do a stocktake. Easter Sunday is not a public holiday, so Joyce knows that her employees will only receive their normal pay if they work and will not get an A paid day off to take at another time. Employees get an alternative holiday when they work on a public holiday that is an otherwise working day.
Even though the shop cannot open, the Easter Sunday employer and employee rights and responsibilities will still apply. Because she wants her staff to work on Easter Sunday, Joyce must notify them of their right to refuse to work at least 4 weeks (but no earlier than 8 weeks) before Easter Sunday. She cannot make the employees work or treat them adversely (badly) if they refuse.
If they do not want to work, the employees need to notify Joyce no later than 14 days after they get their notices from her.
Geri works in a service station and her employer Greg asks her to work on Easter Sunday. Six weeks before Easter Sunday, Greg gives Geri notice that she can refuse to work. Two days later, Geri gives a notice to Greg saying that she is refusing to work on Easter Sunday.
Greg tells Geri that if she does not work on Easter Sunday, she will be dropped from the Sunday roster permanently. Greg is treating Geri adversely because of she refuses to work on Easter Sunday. Geri successfully brings a personal grievance claim against Greg.
Five weeks before Easter Sunday, Hilary is emailed by her employer at the dairy where she works, asking her to work on Easter Sunday. This email also notifies Hilary of her right to refuse work on Easter Sunday.
Hilary decides that she wants to work (so she does not need to notify her employer that she is refusing to work). Easter Sunday is not a public holiday so Hilary will be paid her usual pay for working on a Sunday (unless Hilary and her employer agree to a greater rate of pay for this day). Hilary will not get an alternative holiday, because Easter Sunday is not a public holiday.
Paying employees for Easter Sunday
Easter Sunday is not a An observed day of national, religious, or cultural significance. Special payment rates and entitlements apply to public holidays.
If an employee works on Easter Sunday, they will generally be paid their ordinary rate of pay for a Sunday unless they have agreed to a different rate with their employer. If an employee does not work on Easter Sunday:
- because their workplace is closed because of shop trading hours restrictions, and
- Sunday is a normal day of work (otherwise working day) for them, then what they get paid for that day will depend on the terms and conditions of their employment agreement.
Usually, if an employee is able to work on a contracted day of work for them, their employer must provide them with work for that day. If the employer does not provide the employee with work (for example, stocktaking while the shop is closed), they may have to pay the employee what they would have been paid if they had worked (unless their employment agreement says otherwise).