STATUTORY HOLIDAYS a) All hourly-rated employees who work on New Year’s Day, Good Friday, Victoria Day, Dominion Day, British Columbia Day, Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day and Boxing Day shall be paid rate and one-half for all hours so worked.
b) In the event one of the Statutory Holiday falls on a Sunday, the previous Friday or the following Monday shall be observed as the Holiday. In the event that one of the within named Statutory Holidays fall on Saturday, it shall be observed the preceding Friday or succeeding Monday as agreed between the Company and the Plant Committee.
c) In the event of a Statutory Holiday falling on a Tuesday, Wednesday or Thursday, and where the Company and Plant Committee mutually agree, the said holiday may be observed the preceding Monday or following Friday respectively.
d) At the option of the Company, but whenever possible, by mutual agreement with the Plant Committee, either Good Friday or Easter Monday shall become the designated Easter Holiday, and the Company shall notify its employees of the designation at least one (1) week prior to the said Holiday.
e) When a Statutory Holiday falls on a Friday, employees working on a Tuesday to Saturday work week, by mutual agreement between the Company and the Plant Committee may work on the Friday Statutory Holiday at the straight time job rates and substitute Saturday as the Statutory Holiday.
f) In the case of a maintenance employee where one of the Statutory Holidays is observed on his/her rest day, he/she shall have a day off without pay in lieu thereof at a mutually agreeable time.
g) Not withstanding the above, in logging, a Statutory Holiday may be observed on another mutually agreed upon day in a week other than the week in which it occurs. An employee who qualifies for such Statutory Holiday on the day it occurs, and works on that day, will be paid for the Statutory Holiday at straight time rates.
a) All hourly-rated and piece work employees who qualify for the paid holiday under the conditions set out below shall be paid for the holiday at their regular job rate of pay for their regular rate work schedule. The Parties hereto agree that the paid Statutory Holidays shall be as follows: New Year’s Day British Columbia Day Good Friday Labour Day Victoria Day Thanksgiving Day Dominion Day Remembrance Day Christmas Day Boxing Day
b) Piece-work employees shall receive pay for the statutory holidays for which they qualify, based on the daily average earnings for the days actually worked during the previous thirty (30) working days.
c) All hourly-rated employees working on a paid holiday shall receive rate and one-half for hours worked on such day in addition to the holiday pay to which he/she may be entitled.
d) Xxxx and bunkhouse employees who work on a statutory holiday shall receive at the end of their regular work schedule, an additional day off with pay to be added to their leave and vacation allowance accumulated in accordance with Article VII, Section 3.
e) To qualify for statutory holidays, an employee must have been on the Company payroll for the thirty (30) calendar days immediately preceding the statutory holiday and must have worked his/her last regularly scheduled work day before, and his/her first regularly scheduled work day after the holiday, unless his/her absence is due to a compensable injury or illness, which occurred within six (6) months of the holiday, or the employee is on authorized leave of absence in accordance with Section 2 or 3 of Article IX.
f) In the case of illness or injury, the Company shall have the right to request a certificate from a qualified medical practitioner.
g) Notwithstanding any of the foregoing provisions, the employee must have worked one (1) day before and one (1) day after the holiday, both of which must fall within a period of ninety (90) calendar days.
Public Holidays 10.1 The following days shall be observed as public holidays: New Year's Day 2 January Waitangi Day Good Friday Easter Monday ANZAC Day Sovereign's Birthday Labour Day Christmas Day Boxing Day Anniversary Day (as observed in the locality concerned)
10.2 The following shall apply to the observance of Christmas Day, Boxing Day, New Year’s Day or 2 January, where such a day falls on either a Saturday or a Sunday:
a) Where an employee is required to work that Saturday or Sunday the holiday shall, for that employee, be observed on that Saturday or Sunday and transfer of the observance will not occur. For the purposes of this clause an employee is deemed to have been required to work if they were rostered on, or on-call and actually called in to work. They are not deemed to have been required to work if they were on-call but not called back to work.
b) Where an employee is not required to work that Saturday or Sunday, observance of the holiday shall be transferred to the following Monday and/or Tuesday in accordance with the provisions of Sections 45 (1) (b) and (d) of the Holidays Act 2003.
c) Should a public holiday fall on a weekend, and an employee is required to work on both the public holiday and the week day to which the observance is transferred, the employee will be paid at weekend rates for the time worked on the weekday/transferred holiday. Only one alternative holiday will be granted in respect of each public holiday.
10.3 In order to maintain essential services, the employer may require an employee to work on a public holiday when the public holiday falls on a day which, but for it being a public holiday, would otherwise be a working day for the employee.
10.4 When employees work on a public holiday as provided above they will be paid at double the ordinary hourly rate of pay (T2) for each hour worked and they shall be granted an alternative holiday. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003.
10.5 An employee who is on call on a public holiday as provided above, but is not called in to work, shall be granted an alternative holiday, except where the public holiday falls on a Saturday or Sunday and its observance is transferred to a Monday or Tuesday which the employee also works. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003.
10.6 Those employees who work a night shift which straddles a public holiday, shall be paid at public holiday rates for those hours which occur on the public holiday and the applicable rates for the remainder of the shift. One alternative holiday shall apply in respect of each public holiday or part thereof worked.
10.7 Off duty day upon which the employee does not work:
a) Fulltime employees – For fulltime employees and where a public holiday, other than Waitangi Day and ANZAC Day when they fall on either a Saturday or Sunday, falls on the employee’s rostered off duty day, the employee shall be granted an alternative holiday at a later date. In the event of Christmas Day, Boxing Day, New Year’s Day or 2 January falling on either a Saturday or Sunday and a full time employee is rostered off duty on both that day and the weekday to which the observance is transferred, the employee shall only receive one alternative holiday in respect of each public holiday.
b) Part-time employees – Where a part-time employee’s days of work are fixed, the employee shall only be entitled to public holiday provisions if the day would otherwise be a working day for that employee. Where a part-time employee’s days are not fixed, the employee shall be entitled to public holiday provisions if they worked on the day of the week that the public holiday falls more than 40% of the time over the last three months. Payment will be relevant daily pay.
10.8 Public holidays falling during leave:
a) Leave on pay When a public holiday falls during a period of annual leave, sick leave on pay or special leave on pay, an employee is entitled to that holiday which is not debited against such leave.
Public Holiday Work (a) For Employees other than Shiftworkers, double time and a half must be paid for any Public Holiday Work with a minimum payment of four hours.
(b) For Shiftworkers, double time and a half (inclusive of their shift loading) must be paid for any Public Holiday Work with a minimum payment of four hours.
Monday to Friday, except Holidays The Contractor will perform Tasks during Normal Working Hours on projects, with a volume less than $60,000.00, for the Unit Price set forth in the CTC multiplied by the Adjustment Factor of: 1.
LEAVE AND PUBLIC HOLIDAYS 38 Annual Leave
38.1 Employees (other than casuals) will be entitled to 4 weeks paid annual leave per annum, provided that Continuous Shiftworkers shall be entitled to one additional week’s paid annual leave.
38.2 An Employee’s entitlement to paid annual leave accrues progressively during a year of service according to the Employee’s ordinary hours of work, and accumulates from year to year.
38.3 The Employer must maintain a leave accrual system that accurately accrues annual leave progressively throughout the year in accordance with this Agreement.
38.4 Annual Leave is paid at the Ordinary Rate being paid to the Employee immediately prior to the taking of the Annual Leave, plus 17.5% loading.
38.5 Taking of Annual leave
(a) Other than the Easter and Christmas Shutdown outlined in clause 38.7, the Employer and Employee shall seek to reach agreement on the taking of annual leave at a mutually convenient time. The Employer will not otherwise unreasonably refuse an Employee’s request to take annual leave.
(b) The Employer cannot otherwise direct an Employee to take Annual Leave unless the Employer directs an Employee to take excessive accrued Annual Leave in accordance with clauses 38.6 – 38.8 of the Award.
Holidays Falling on Saturday or Sunday For an employee whose workweek is from Monday to Friday, and when any of the above-noted holidays falls on a Saturday and is not proclaimed as being observed on some other day, the following Monday shall be deemed to be the holiday for the purpose of this agreement; when a holiday falls on a Sunday and it is not proclaimed as being observed on some other day, the following Monday (or Tuesday, where the preceding section already applies to the Monday), shall be deemed to be the holiday for the purpose of this agreement.
Vacation and Sick Leave During the Term, Executive shall be entitled to (a) sick leave in accordance with the Company’s policies applicable to similarly situated executive officers of the Company from time to time and (b) 4 weeks paid vacation each calendar year (up to 40 hours of which may be carried forward to a succeeding year).
Saturday and Sunday Work (a) Where an employee is rostered to work ordinary hours between midnight Friday and midnight Saturday, the employee will be paid a loading of 50% of their ordinary rate of pay for the hours worked during this period.
(b) Where an employee is rostered to work ordinary hours between midnight Saturday and midnight Sunday, all employees excluding home care employees will be paid a loading of 75% of their ordinary rate of pay for the hours worked during this period.
(c) Casual employees will be paid in accordance with Clauses 35(a) and 35(b). The rates prescribed in Clauses 35(a) and 35(b) will be in substitution for and not cumulative upon the casual loading prescribed in Clause 12.5(b).
(d) These extra rates will be in substitution for and not cumulative upon the shift penalties prescribed at Clause 38 Shiftwork.
Holiday Falling on Saturday or Sunday For an employee whose normal workweek is from Monday to Friday and when any of the above-noted holidays falls on a Saturday and is not proclaimed as being observed on another day, the following Monday will be deemed to be the holiday. When a holiday falls on a Sunday and it is not proclaimed as being observed on another day, the following Monday (or Tuesday, where the preceding section already applies), will be deemed to be the holiday for the purpose of this agreement.
Termination prior to a Public Holiday (a) If the Employer terminates the employment of an Employee, the Employer will pay the Employee a day’s ordinary wages for each public holiday prescribed in this Agreement which falls within 10 consecutive calendar days after the date the Employee’s employment is terminated. For clarity, day one is the day after the Employee’s employment was terminated.
(b) Where 2 or more of the holidays fall within a 7 day span, such holidays shall be a ‘group’ of holidays. If the first day of the group of holidays falls within 10 consecutive calendar days after the date the Employee’s employment is terminated, the whole group shall be deemed to fall within the 10 consecutive days, and the Employee will be paid a day’s ordinary wages for each such day. For example, Christmas Day, Boxing Day and New Year’s Day (or days in lieu thereof) shall be regarded as a group.
