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

No feed items found.

  • Pacific partners work together to provide additional support to Australia
    The NZDF continues to support the Australian Defence Force (ADF) as it battles fires in Victoria and New South Wales, including by transporting Republic of Fiji Military engineers from Nadi to Australia, announced Defence Minister Ron Mark. On Saturday morning a NZDF Boeing 757 will depart New Zealand to uplift ...
    BeehiveBy beehive.govt.nz
    20 hours ago
  • Kaikōura $10.88 million boost in tourism & business
    The Provincial Growth Fund (PGF) is investing $10.88 million to boost business and tourism opportunities in Kaikōura, Parliamentary Undersecretary for Regional Economic Development, Fletcher Tabuteau announced today. As part of the Kaikōura Marina Development Programme, the following two projects will receive PGF funding: A $9.88 million investment to begin the ...
    BeehiveBy beehive.govt.nz
    22 hours ago
  • Govt accounts in surplus, debt remains low
    The Government’s books are in good shape with the accounts in surplus and expenses close to forecast, Finance Minister Grant Robertson says. The Treasury today released the Crown accounts for the five months to November. The operating balance before gains and losses (OBEGAL) was above forecast by $0.7 billion resulting ...
    BeehiveBy beehive.govt.nz
    1 day ago
  • Auckland focus for first Police graduation of 2020
    The number of Police on the Auckland frontline is increasing with the graduation today of a special locally-trained wing of new constables. Police Minister Stuart Nash says the graduation of eighteen officers from Recruit Wing 333-5 means that more than 1900 new Police have been deployed since the Coalition Government ...
    BeehiveBy beehive.govt.nz
    2 days ago
  • Wairarapa gets $7.11m PGF water boost
    The Provincial Growth Fund is putting $7.11 million into creating a sustainable water supply for Wairarapa, Parliamentary Under-Secretary for Regional Economic Development Fletcher Tabuteau announced today. The following two projects will receive Provincial Growth Fund (PGF) funding: A $7 million investment in Wairarapa Water Limited for the pre-construction development of ...
    BeehiveBy beehive.govt.nz
    3 days ago
  • Progress with new Police station in Mahia
    Community safety and crime prevention in the East Coast community of Mahia has moved forward with the opening of a new Police station to serve the growing coastal settlement. Police Minister Stuart Nash has officially opened the new station, which was relocated almost 20 kilometres along the coast from the nearby ...
    BeehiveBy beehive.govt.nz
    4 days ago
  • Plans to protect the future of whitebaiting announced
    With several native whitebait species in decline the Minister of Conservation Eugenie Sage has today released proposals to standardise and improve management of whitebait across New Zealand. “The need for action for a healthy whitebait fishery has never been greater,” Eugenie Sage said.  “Four of the six whitebait species are ...
    BeehiveBy beehive.govt.nz
    4 days ago
  • New resource for schools to increase awareness and understanding of climate change
    A new Ministry of Education resource available for schools in 2020 will increase awareness and understanding of climate change, Education Minister Chris Hipkins said today. “The resource, Climate Change – prepare today, live well tomorrow, will help students understand the effects of climate change at a local, national and global ...
    BeehiveBy beehive.govt.nz
    6 days ago
  • Getting more out of our most productive firms
    Finance Minister Grant Robertson has approved the terms of reference for an Inquiry into the economic contribution of New Zealand's frontier firms. Frontier firms are the most productive firms in the domestic economy within their own industry. “These firms are important as they diffuse new technologies and business practices into ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • NZDF sends more support to Australia
    The New Zealand Defence Force (NZDF) is sending an Environmental Health Team, a Primary Health Care Team and a Chaplain to Australia, boosting New Zealand support for the Australian Defence Force (ADF) as it battles bush fires in Victoria and New South Wales, Defence Minister Ron Mark announced today. The ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • New Zealand joins partners in calling for full investigation into air crash in Iran
    Acting Prime Minister and Minister of Foreign Affairs Rt Hon Winston Peters says that developments suggesting a surface-to-air missile is responsible for the downing of the Ukrainian International Airlines flight in Iran is disastrous news. “New Zealand offers its deepest sympathies to the families of the 176 victims. It is ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • Staying connected to Australian agriculture
    Agriculture Minister, Damien O’Connor, says the Ministry for Primary Industries is continuing to stay connected to federal authorities in Australia as devastating fires affect the country.  “The Ministry is using an existing trans-Tasman forum for discussions on the agricultural impact of the fires and the future recovery phase,” says Damien ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • Investment in schools – a commitment to communities
    Thousands of school-age children, their teachers and wider communities are benefiting from the Government’s multi-million dollar investment upgrading and renewing schools, Education Minister Chris Hipkins said today. “We want New Zealand to be the best place to be a child and that means learning in warm, comfortable and modern classrooms,” ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • New Zealand Defence Force sends support to Australia
    Minister of Defence Ron Mark today announced New Zealand is sending three Royal New Zealand Air Force NH90 helicopters and crew, and two NZ Army Combat Engineer Sections as well as a command element to support the Australian Defence Force efforts in tackling the Australian fires.  The New Zealand Defence Force ...
    BeehiveBy beehive.govt.nz
    2 weeks ago
  • Better access to books for blind and low vision citizens on World Braille Day
    "Today is World Braille Day and I am delighted to announce that an international treaty giving blind and low vision New Zealanders access to books and literary works comes into force today,” Minister for Disability Issues Carmel Sepuloni announced today. “Today the Marrakesh Treaty and the associated amendments to the ...
    BeehiveBy beehive.govt.nz
    2 weeks ago
  • New Zealand to send further firefighter support to Australia
    The New Zealand Government is sending a further 22 firefighters to help fight the Australian fires. “The devastation caused by these fires is taking a substantial toll on our Australian neighbours and we will continue to do what we can to assist as they deal with this extremely dynamic, dangerous ...
    BeehiveBy beehive.govt.nz
    2 weeks ago
  • Reducing the cost of education
    Twenty-two more schools have opted into the Government’s policy of providing $150 per child to schools who don’t ask parents for donations– bringing the total number of schools in the policy to 1,585. The Ministry of Education has accepted late opt ins past the November 14 deadline from schools that ...
    BeehiveBy beehive.govt.nz
    2 weeks ago
  • Road deaths lower in 2019, but still more work to do
    “As we enter the new decade, my thoughts are with the families, friends and communities of the 353 people who lost their lives in road crashes last year. While the number of deaths is lower than in 2018 (377), this is still a staggering loss of life,” Duty Minister Iain ...
    BeehiveBy beehive.govt.nz
    2 weeks ago
  • PM congratulates New Year 2020 Honours recipients
    Prime Minister Jacinda Ardern has congratulated the diverse group of New Zealanders recognised for their contributions to the country and their communities in the New Year 2020 Honours List.   The list of 180 honours recipients includes three Dames and three Knights Companion of the New Zealand Order of Merit, ...
    BeehiveBy beehive.govt.nz
    3 weeks ago
  • Justice Minister congratulates first Māori Supreme Court judge on New Year’s Honour
    Justice Minister Andrew Little has congratulated The Honourable Justice Joe Williams for receiving a knighthood for services to the state. Sir Joe Williams has been appointed as a Knight Companion of the New Zealand Order of Merit in the New Year 2020 Honours List. “Sir Joe Williams has made an ...
    BeehiveBy beehive.govt.nz
    3 weeks ago
  • New Year honours for top sportspeople
    Twenty-one of New Zealand’s top sportspeople, coaches and leaders in the sporting community have been recognised in the New Year 2020 Honours List. The Silver Ferns coach Noeline Taurua has been made a Dame Companion and the former All Blacks Steve Hansen has been made a Knight Companion of the ...
    BeehiveBy beehive.govt.nz
    3 weeks ago
  • Leading architect of Zero Carbon Bill honoured
    It’s great to see ordinary New Zealanders doing extraordinary things, Minister for Climate Change James Shaw today said in response to the news that Lisa McLaren is included in the New Year 2020 Honours List for her exceptional work leading the campaign for the Zero Carbon Bill. Lisa McLaren was ...
    BeehiveBy beehive.govt.nz
    3 weeks ago
  • Social entrepreneurs and innovation leads Pacific contribution
    Minister for Pacific Peoples Aupito William Sio says the New Year 2020 Honours List highlights the valuable contribution Pacific social entrepreneurs and innovators make to New Zealand, the Pacific region and the world. “The standout common factor that underlines their contribution to Aotearoa is the value they place in their ...
    BeehiveBy beehive.govt.nz
    3 weeks ago
  • Service to birds and bush recognised in New Year Honours
    Decades of dedication to Aotearoa’s unique birds, landscapes, and native eels is recognised in the New Year 2020 Honours List said Minister of Conservation Eugenie Sage. “I’m delighted that the decades of dedication to conservation, and fantastic leadership in giving nature a helping hand is being acknowledged,” said Eugenie Sage. ...
    BeehiveBy beehive.govt.nz
    3 weeks ago
  • Closer Economic Partnership with Singapore comes into force on 1 January
    New Zealanders will start to see the benefits of the upgraded Closer Economic Partnership (CEP) with Singapore from 1 January 2020, when the agreement comes into force. Minister for Trade and Export Growth David Parker said the agreement would open more opportunities for New Zealand companies looking to do business with ...
    BeehiveBy beehive.govt.nz
    3 weeks ago