Commission urges businesses to know and follow the law over Easter.
Issued 16 April 2014
Release No. 97
Easter Saturday and Sunday are not public holidays, casual staff may not be covered under the Holidays Act and
businesses must not mislead customers when applying a surcharge.
That’s the message the Commerce Commission wants to reinforce with businesses, such as cafes and bars, contemplating
opening over Easter.
Commission General Manager Competition, Kate Morrison says it’s easy to think that the four days over the Easter period
are all public holidays when they are not.
“Easter Saturday and Sunday are not public holidays and traders should not apply a surcharge to compensate for higher
wages on those days.”
“Businesses should also be aware that they may not be able to apply a surcharge if staff working on Good Friday and
Easter Monday are casual and therefore not being paid extra under the Holidays Act regulations,” said Ms Morrison.
Ms Morrison says this is a regular battle with some in the business community who are either prepared to flout the law
or have not made themselves aware of the Act.
“Businesses can charge what they want and consumers can then make a decision to shop there. But it would be misleading
under the Fair Trading Act to apply a surcharge on Saturday and Sunday and claim it was due to the Holidays Act.”
“When businesses are applying a surcharge in legitimate circumstances they must prominently advertise it and be honest
about the reasons for it,” said Ms Morrison.
Ends