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National Day of Mourning Public Holiday

13 September 2022

Due to the very sad passing of Queen Elizabeth II, there will be a one-off public holiday next Thursday 22 September 2022 as announced by the Prime Minister. Given the unavoidably late notice of this decision there will be some disruption and some of our clients are still coming to grips with the implications.

If anyone has questions about the public holiday and if your business can potentially do things differently please keep in mind the following:

  • There needs to be a very good reason not to honour this gazetted day. “It is inconvenient” is not enough. However, a pre-booked company retreat where the full 50 employees are travelling and it is the middle day of a 3 day event would meet the criteria for a potential alternative day.
  • Check the award coverage in the organisation.
  • Check the employment agreement language.
    • Do we have a clause which covers penalties, overtime, allowances etc being included in salary?
    • Do we have language around reasonable flexibility?
    • Our standard template has this.
  • Consider the better off over all test requirements
    • Do we need to give two (or another figure) days of alternative public holidays? (due to the award stating Public Holidays receive double pay or equivalent time off).
    • Do they need to give the alternative day and pay a bonus of 1 additional day etc.?
  • Make sure to get employee agreement for the change in writing.

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