web analytics

Mondayisation Bill passes

Written By: - Date published: 6:31 pm, April 17th, 2013 - 20 comments
Categories: labour, workers' rights - Tags: , ,

As expected David Clark’s private member’s bill to “Mondayise” holidays passed its final reading this evening. The vote was 61 to 60 with National and ACT voting against.

This is quite a coup for David Clark – not often that an opposition member gets a bill through. Well done to him for putting together the votes. Nice also to see that the Maori Party and Peter Dunne retain enough vestiges of independence to get out from under the Nats’ skirts sometimes (albeit for a minor but popular issue).

20 comments on “Mondayisation Bill passes ”

  1. RedLogix 1

    Well done David Clark.

    Sadly it does have one very undesirable side-effect for a large group of retail workers who normally work Saturday and then have the Sunday and Monday off, making their situation worse than before.

    In a number of cases I am aware of, their employer then claims that if a Statutory Holiday falls on a Monday … then because they’ve had the day off as a matter of course then there is no requirement to compensate them in any way.

    No day in lieu nor the time and a half that would be paid to other workers if they worked the extra days. Looked at from this point of view these people are working an extra 6 days a year, now 9, for no compensation whatsoever.

    If you are working a full 40 hr week, (in fact many of them work longer than this because their Saturday is usually a full-on 10hr day), then you should be entitled to move your Stat days to another day, or be paid time and half (by agreement with your employer).

    • Lanthanide 1.1

      No, the situation is not worse than before.

      If the holiday falls on Saturday, they get it as a stat day. If it fell on a Sunday, they didn’t work and so didn’t get it any way. If it fell on a Monday, likewise.

      It’s the same rules as apply to Xmas and New Years: if you would normally work on the Saturday or Sunday, and it is a stat day, then you get that day as a stat day. For everyone else, they are shifted to Monday and Tuesday.

      I do think that it should have been Friday-ised for this reason, though, since most stat days are pegged as Monday’s, if you never work Monday you never get them. For example someone who works Tues-Sat never works on Sunday or Monday, so Mondaying a holiday that falls on Sunday doesn’t help them at all, but if it was Friday-ised it would. Friday-ising them would help to maintain a special character for Anzac and Waitangi day, since all other holidays are Mondayised.

      • RedLogix 1.1.1

        ANZAC and Waitangi Day can fall on any day of the week. This Bill has effectively shifted them both onto the Monday where according to your own words; If it fell on a Sunday, they didn’t work and so didn’t get it any way. If it fell on a Monday, likewise.

        Therefore if either of these days had fallen on Tuesday through to Friday then yes always shifting it to Monday does make them worse off.

        I can’t but help ironically quote David Clark himself:

        Clark is celebrating the passage of the bill in New York, where he is taking part in an overseas study exchange with the Eisenhower Fellowship.

        “I am thrilled that hard-working Kiwi families will now get their full 11 public holidays every year,” he said.

        … when these people get NONE.

        • Lanthanide 1.1.1.1

          Um, the bill does not “always shift it to Monday”. If it falls on Monday – Friday, it remains on that day. It is only when it falls on a weekend that it is shifted to Monday…

        • Colonial Viper 1.1.1.2

          IIRC the holidays are only shifted to the Monday IF and ONLY IF they were going to fall on the weekend.

          • RedLogix 1.1.1.2.1

            umm. Fair enough. The story I got was incorrect.

            In that case I think Lanth is right, Friday would probably have been a smarter choice.

    • Oscar 1.2

      Partially incorrect. If a public holiday falls on a normal day off for those employees they are still entitled to a day in lieu.

      • hoom 1.2.1

        No you only get a day in lieu if you actually did any work on the public holiday.

        Statutory minimums are:
        If you work on a public holiday you get paid time & a half for the hours worked plus full paid day in lieu regardless of how many hours worked.
        (working 2 shifts in the same public holiday gets only one day in lieu but you get time & a half for all hours of both shifts that were on the public holiday)

        If you would normally work that day & are not required to work that day you get paid for a full day but no day in lieu.

        If you are rostered off and would normally have been rostered off then its just a rostered day off, no time & a half, no day in lieu.
        Knowing several people who have worked regular Tues -> Sat rosters & missed loads of public holidays I would never agree to work that shift without the missing out on public holidays being otherwise compensated. (would be nice if there could be a ‘Tuesdayisation’ for those who are usually rostered off on Mondays)

        If they change your roster to make you be rostered off on the Public Holiday when you’d normally have worked that day then you should get paid for a full day on the Public Holiday.
        With a standardised roster its easy to see where this has happened, in workplaces where the rosters frequently change it could be hard to prove either way.

        (unless these rules are actually changed by this legislation? I have presumed all it does is mondayise the ones that occasionally wind up on weekends)

        Handy tool:
        http://dol.govt.nz/tools/holidaytool/Owd.aspx

        As a person who regularly works weekends & not Fridays I think this is a great change 🙂
        Its crazy that there was actually any opposition to it.
        The thing that I found most galling was seeing a bunch of foreign owned companies/embassies etc happily Mondayise the last few examples for their local employees while our domestic companies were complaining that it was an unreasonable abomination.

        • Lanthanide 1.2.1.1

          Yeah, the last two times Waitangi day fell on the weekend, the Australian embassy in NZ gave their employees the Monday off. It seems to be the ultimate in irony: that the Australians would be better at celebrating our own national holiday than we are. I’m surprised it wasn’t brought up in parliament; or if it was, that it didn’t make the news.

  2. Colonial Viper 2

    Yep, congratulations to you David Clark, damn fine job you’re making your mark already.

  3. GregJ 3

    Congratulations to David Clark – nice to see someone still has the workers welfare in mind!

    A long overdue change – in my present part of the world (the Middle East) “Mondayisation” (or rather “Sundayisation” or “Thursdayisation” is standard practice. Nice to see NZ catching up with the Third World!

  4. Michael 4

    Well done David. I just hope this law isn’t repealed by a future government, anxious to appease its friends from the “business community”.

  5. Rhinocrates 5

    David Clark and Louisa Wall are Real Labour.

    Private Member’s Bills, not supported by the party? Not so good.

    • Ben Clark 5.1

      Private Member’s Bills as that’s the only way opposition parties can introduce legislation.

      In David Clark’s case, entirely supported by Labour (and other Opposition Parties + Maori + Peter Dunne).
      In Louisa Wall’s case – a conscience vote, but almost entirely supported by Labour MPs, but not by Ross Robertson / Su’a William Sio representing their morally conservative South Auckland constituencies.

  6. Descendant Of Sssmith 6

    Hopefully a bill next for a 8 hour working day, 40 hour working week, a minimum salary of 120% of the average wage, a compulsory 2% wage increase for everyone every year so wages at least are protected from some erosion by inflation (many contracts have zero provision for any sort of pay increase, the shutting down of retail and most other business from 12:00 am on Saturday – any of these will do.

    Has to be a PMB cause there ain’t no workers party.

  7. irascible 7

    Listened to Phil O’Reilly on Morning Report today commenting on the success of this Bill. He saw no real issues with it but the used the interview to launch into a diatribe attacking Labour because the Mondayisation Act indicated that when Labour becomes the Government the hard won rights of employers to deny Union representation and the 90 day trial employment provisions will be removed.
    I was not enamoured of the man or the union he represents… “The Employers Federation.”

    • Tom Gould 7.1

      Why should it surprise people to hear O’Reilly spouting doctrinaire right wing rubbish? That’s the role he has carved out for himself in support of his Tory mates rather than representing the best long term interests of the people who pay his wages. The test of his integrity will be whether he resigns in 2014 following the election of a Labour-led government?

    • Lanthanide 7.2

      I was disappointed that Geoff didn’t pull him up and say “but actually none of that is about the Mondayisation bill”.

    • Darien Fenton 7.3

      @irascible : +1

Recent Comments

Recent Posts

  • March 15 Collective Impact Board appointed
    The voices of those affected by the March 15 mosque attacks will be heard more effectively with the establishment of a new collective impact board, Associate Minister for Social Development and Employment Priyanca Radhakrishnan announced today. Seven members of the Christchurch Muslim community have been appointed to the newly established Board, ...
    BeehiveBy beehive.govt.nz
    4 hours ago
  • More young Kiwis supported with mental health and addiction services
    Nearly quarter of a million more young New Zealanders will have access to mental health and addiction support in their communities as the Government’s youth mental health programme gathers pace. New contracts to expand youth-specific services across the Northland, Waitematā and Auckland District Health Board areas have been confirmed, providing ...
    BeehiveBy beehive.govt.nz
    24 hours ago
  • New hospital facilities mean fewer trips to Auckland for Northlanders
    Northlanders will no longer automatically have to go to Auckland for lifesaving heart procedures like angiograms, angioplasty and the insertion of pacemakers, thanks to new operating theatres and a cardiac catheter laboratory opened at Whangārei Hospital by Health Minister Andrew Little today. The two projects – along with a new ...
    BeehiveBy beehive.govt.nz
    1 day ago
  • Fair Pay Agreements to improve pay and conditions for essential workers
    The Government is delivering on its pre-election commitment to implement Fair Pay Agreements which will improve wages and conditions, as well as help support our economic recovery, Workplace Relations and Safety Minister Michael Wood announced today. Fair Pay Agreements will set minimum standards for all employees and employers in an ...
    BeehiveBy beehive.govt.nz
    1 day ago
  • Establishment of the new Māori Health Authority takes first big step
    Sir Mason Durie will lead a Steering Group to provide advice to the Transition Unit on governance arrangements and initial appointments to an interim board to oversee the establishment of the Māori Health Authority. This Group will ensure that Māori shape a vital element of our future health system, Minister ...
    BeehiveBy beehive.govt.nz
    1 day ago
  • Cycle trails move up a gear in Central
    Work on new and upgraded cycle trails in Queenstown, Arrowtown and Central Otago is moving up a gear as two significant projects pass further milestones today. Tourism Minister Stuart Nash has announced new funding for the Queenstown Trails Project, and will also formally open the Lake Dunstan Trail at Bannockburn ...
    BeehiveBy beehive.govt.nz
    1 day ago
  • Picton ferry terminal upgrade consent fast-tracked
    The planned upgrade of the Waitohi Picton Ferry terminal has been approved under the fast-track consenting process.  Environment Minister David Parker today welcomed the decision by the expert consenting panel to approve the Waitohi Picton Ferry Precinct Redevelopment Project.    The project will provide a significant upgrade to the ferry facilities ...
    BeehiveBy beehive.govt.nz
    2 days ago
  • Quarantine Free Travel with New South Wales paused
    COVID-19 Response Minister Chris Hipkins has announced his intention to pause Quarantine Free Travel from New South Wales to New Zealand while the source of infection of the two cases announced in Sydney in the last two days is investigated.  Whole genome sequencing has linked the case yesterday to a recent ...
    BeehiveBy beehive.govt.nz
    2 days ago
  • Covid-19 immigration powers to be extended
    The passing of a bill to extend temporary COVID-19 immigration powers means continued flexibility to support migrants, manage the border, and help industries facing labour shortages, Immigration Minister Kris Faafoi said. “Over the past year, we’ve made rapid decisions to extend visas, vary visa conditions and waive some application requirements ...
    BeehiveBy beehive.govt.nz
    2 days ago
  • “Supporting a Trade-Led Economic Recovery”
    Trade Policy Road Show SpeechManukau, Auckland   Kia ora koutou – nau mai, haere mai ki Manukau, ki Tāmaki.   Good morning everyone, and thank you for this opportunity to discuss with you current global challenges, opportunities and the Government’s strategy in support of a trade-led recovery from the economic ...
    BeehiveBy beehive.govt.nz
    2 days ago
  • Building consent numbers at an all-time high
    A record 41,028 new homes have been consented in the year ended March 2021 March 2021 consent numbers the highest since the 1940s Record number of new homes consented in Auckland The number of new homes consented is at an all-time high, showing a strong and increasing pipeline of demand ...
    BeehiveBy beehive.govt.nz
    2 days ago
  • Whānau-centred support for parents and tamariki
    Up to 60 whānau in Counties Manukau will be supported through the first three years of their parenthood by a new whānau-centred model of care, said Associate Health Minister, Hon Aupito William Sio. “Providing this support to young parents is something we have to get right. It’s a priority both ...
    BeehiveBy beehive.govt.nz
    2 days ago
  • NZ backs moves to improve global access to COVID vaccines
    New Zealand welcomes and strongly supports the announcement made by the United States Trade Representative to work for a waiver of IP protections on COVID-19 vaccines at the WTO, Trade Minister Damien O’Connor said. “New Zealand supports equitable access to COVID vaccines for all. No one is safe from the ...
    BeehiveBy beehive.govt.nz
    2 days ago
  • Tourism communities: support, recovery and re-set plan
    TIHEI MAURI ORA Tuia te whakapono Tuia te tumanako Tuia te aroha Tuia te hunga ora Ki te hunga ora Tihei Mauri ora Ka nui te mihi ki a koutou Tena koutou, tena koutou, tena koutou katoa. Thank you, Hilary and thank you, Chris, and everyone at TIA for this ...
    BeehiveBy beehive.govt.nz
    2 days ago
  • Support, recovery and re-set plan for tourism communities
    Five South Island tourist communities targeted for specialist support Pressure on Māori tourism operators and Conservation facilities recognised Domestic and international-facing tourism agencies put on more secure footing Long-term plan to re-set tourism with a focus on sustainability, industry standards and regional economic diversification A plan to ensure the immediate ...
    BeehiveBy beehive.govt.nz
    2 days ago
  • Speech on NZ Rail Plan
    Check against delivery E ngā mana, e ngā reo, e ngā karanga maha o te wa, tēnā koutou, tēnā koutou, tēnā tātou katoa. Ki ngā mana whenua o Taranaki Whānui anō nei aku mihi ki a koutou. Nōku te hōnore kia haere mai ki te whakanuia tēnei huihuinga whakahirahira. Nō ...
    BeehiveBy beehive.govt.nz
    2 days ago
  • Government hits massive milestone in Violence Prevention & Elimination
    Minister for Family and Sexual Violence Marama Davidson announced a major milestone at a hui in South Auckland today, with the launch of the national engagement process on the prevention and elimination of family and sexual violence. “There is no room for violence in our lives – there is no ...
    BeehiveBy beehive.govt.nz
    2 days ago
  • Fee waiver extended for conservation tourism businesses
    Tourism businesses operating on public conservation land will have another six months of fees waived to help them adjust to the downturn in international visitors in the wake of the COVID-19 pandemic, Acting Minister of Conservation Dr Ayesha Verrall has announced. "We acknowledge it has been a difficult year for ...
    BeehiveBy beehive.govt.nz
    2 days ago
  • ‘Lua Wave’ to future-proof Pasifika Festivals in Aotearoa
    Pasifika festival organisers will receive additional support to adapt to the COVID-19 environment thanks to the Government’s newly launched ‘Lua Wave’ component of the Pasifika Festivals Initiative, Minister for Arts, Culture and Heritage Carmel Sepuloni announced today. “This initiative has not only been to support festival organisers to recover from ...
    BeehiveBy beehive.govt.nz
    2 days ago
  • Crown accounts show confidence in Govt economic plan
    The Government’s financial accounts continue to reflect the resilience of the economy and confidence in the Government’s economic recovery plan. The Crown accounts for the nine months to the end of March 2021 show both OBEGAL and the operating balance remain better than forecast in the Half Year Economic and ...
    BeehiveBy beehive.govt.nz
    2 days ago
  • Energy Trusts of NZ Autumn Conference
    It’s a pleasure to be here today. Thank you Karen [Sherry] for the introduction and thanks to the Energy Trusts Executive for inviting me to speak at tonight’s event. It is an exciting time to come to speak to trustees of distribution companies. For many decades the electricity industry was ...
    BeehiveBy beehive.govt.nz
    2 days ago
  • New partnership to grow Māori success in STEM
    A new partnership with the Pūhoro STEM Academy will support thousands more rangatahi Māori to participate and succeed in the fields of science, technology, and innovation, Associate Education Minister Kelvin Davis announced today. Since 2016, Pūhoro has worked with Māori students to build their capability and create pathways to employment ...
    BeehiveBy beehive.govt.nz
    2 days ago
  • Rail builds platform for economic recovery
    Transport Minister Michael Wood and State-Owned Enterprises Minister Dr David Clark today released the Government’s long term vision for a sustainable rail network that supports our economic recovery. New Zealand Rail Plan lays out how the Government is building a resilient, reliable and safe network, as well as the indicative ...
    BeehiveBy beehive.govt.nz
    2 days ago
  • NZ and UK agree to lift the pace of free trade talks
    New Zealand and the United Kingdom have agreed to rapidly lift the tempo of talks, as the two countries enter a new phase in free trade negotiations, Trade and Export Growth Minister Damien O’Connor announced today. “UK Secretary of State for International Trade, Liz Truss, and I spoke today about ...
    BeehiveBy beehive.govt.nz
    3 days ago
  • Counter-Terrorism Legislation Bill passes first reading
    The Counter-Terrorism Legislation Bill has passed its first reading and will now be considered by Parliament’s Justice select committee. “The Bill updates and improves New Zealand’s counter-terrorism legislation and ensures that the right legislative tools are available to intervene early and prevent harm,” Minister of Justice Kris Faafoi said. “The ...
    BeehiveBy beehive.govt.nz
    3 days ago
  • Statement on The Speaker and Annual Review Debate
    “The serious issue of alleged sexual assault and harassment at Parliament was poorly managed and inappropriately politicised last night. The tone of the debate did not reflect well on Parliament as a whole,” Prime Minister Jacinda Ardern said. “Any investigation of claims of sexual assault should be in a manner ...
    BeehiveBy beehive.govt.nz
    3 days ago
  • Govt motoring towards zero-carbon buses and protecting drivers’ conditions
    Transport Minister Michael Wood is seeking feedback on options for the next phase of the Public Transport Operating Model (PTOM) review to better protect bus drivers’ pay conditions, and also achieving the Government’s target of fully decarbonising the public transport bus fleet by 2035. Michael Wood said investing in our ...
    BeehiveBy beehive.govt.nz
    3 days ago
  • Drop in unemployment shows Govt economic plan is working
    The Government’s economic recovery plan continues to be reflected in the labour market, with more people in work and unemployment falling. Stats NZ figures show employment rose by 15,000 in the March quarter, with 14,000 more women in work. The unemployment rate fell from 4.9 percent to 4.7 percent. This ...
    BeehiveBy beehive.govt.nz
    3 days ago
  • Government sets pay and workforce expectations for the Public Sector
    The Government’s Workforce Policy Statement issued today sets out its expectations for pay and employment relations in the Public Sector, the Minister of Finance and Minister for the Public Service say. “New Zealand has had an exceptionally successful health and economic response to COVID-19. This has been supported by the ...
    BeehiveBy beehive.govt.nz
    3 days ago
  • Author Ben Brown is New Zealand’s first Te Awhi Rito Reading Ambassador
    Lyttleton writer Ben Brown (Ngāti Mahuta, Ngāti Koroki, Ngāti Paoa) will be New Zealand’s first Te Awhi Rito Reading Ambassador, promoting the value of reading for children and young people, Internal Affairs Minister Jan Tinetti announced today. A poet and award-winning author, Ben Brown writes books, non-fiction and short stories ...
    BeehiveBy beehive.govt.nz
    4 days ago
  • Celebrating New Zealand’s firefighters this International Firefighters’ day
    With two fire stations already complete, and building underway on 16 fire stations around the country, today we celebrate International Firefighters’ Day for the important role firefighters have in keeping communities across the country safe, says Minister of Internal Affairs, Jan Tinetti. The work is progressing due to Government funding ...
    BeehiveBy beehive.govt.nz
    4 days ago
  • Ron Brierley knighthood to go
    Ron Brierley has written to the Clerk of the Executive Council to tender his resignation as a Knight Bachelor. The Queen has been informed. The forfeiture follows the Prime Minister initiating the process to remove his Knighthood. The Clerk of the Executive Council wrote to him on 6 April 2021 ...
    BeehiveBy beehive.govt.nz
    4 days ago
  • Employment boost for rural communities
    The Government is continuing to create opportunities for at-risk rangatahi overcome barriers to employment, education or training with the next tranche of He Poutama Rangatahi programmes, Minister for Social Development and Employment Carmel Sepuloni announced today. “We’re focused on supporting rangatahi to get what they need to progress in the ...
    BeehiveBy beehive.govt.nz
    4 days ago
  • Pre-Budget speech to Wellington Chamber of Commerce
    Thank you for the invitation to speak today, it is great to be here.  I mean that both sincerely and literally. For this equivalent speech last year I took part virtually, beaming in from the Beehive Theatrette with only a socially distanced press gallery bearing silent witness. You are a ...
    BeehiveBy beehive.govt.nz
    4 days ago
  • Budget 2021 reprioritises nearly $1 billion
    The Government’s strong pandemic response and the better than expected economic recovery means not all the money allocated in the COVID-19 Response and Recovery Fund has been spent, Grant Robertson said in his annual pre-Budget speech to the Wellington Chamber of Commerce this morning. “As part of Budget preparation I ...
    BeehiveBy beehive.govt.nz
    4 days ago
  • Speech on Digital Identity Trust Framework
    I'd like to start by thanking Graeme, David and Ben from NZTech and Digital Identity New Zealand for inviting me to speak to you. I’m so sorry I can’t be there in person, but I want to acknowledge those of you who are, including some of this country’s top tech ...
    BeehiveBy beehive.govt.nz
    5 days ago
  • NZ Cook Islands travel bubble significant step in COVID-19 recovery
    New Zealand Prime Minister Jacinda Ardern and Cook Islands Prime Minister Mark Brown have today announced that, pending final confirmation by New Zealand’s Director-General of Health and the Cook Islands Secretary of Health, two-way quarantine-free travel will commence between the two countries on 17 May (NZT). “Two way quarantine-free travel ...
    BeehiveBy beehive.govt.nz
    5 days ago
  • Minister for State Owned Enterprises saddened by passing of KiwiRail Chair
    Minister for State Owned Enterprises, David Clark is deeply saddened to hear about the passing of KiwiRail Chairman, Brian Corban. “I know Brian was seen as a transformative leader within KiwiRail, well respected for his wisdom, honesty and sense of humour,” said David Clark. Mr Corban served as Chair of ...
    BeehiveBy beehive.govt.nz
    5 days ago
  • Speech to the China Business Summit by the Minister for Trade and Export Growth
      Distinguished guests, ladies and gentlemen.  Tena koutou katoa.  Good morning. It is my pleasure to join you today for this China Business Summit – my first as Minister for Trade and Export Growth as well as Minister of Agriculture – and to have the opportunity to speak to you ...
    BeehiveBy beehive.govt.nz
    5 days ago
  • Productivity Commission inquiry into immigration settings
    The Productivity Commission will hold an inquiry into immigration settings to ensure New Zealand’s long term prosperity and wellbeing, Grant Robertson and Kris Faafoi say. This inquiry, the first under the new Productivity Commission chair, Dr Ganesh Nana, will focus on immigration policy as a means of improving productivity in ...
    BeehiveBy beehive.govt.nz
    5 days ago