• This is the full text of the Act and includes changes made by the Holidays Amendment Act 2004.

Subpart 1 Enforcement

Holiday and leave record

Subpart 2 Other matters

Transitional provisions relating to entitlements under Holidays Act 1981

(1) When dealing with each other under this Act, an employer and employee must deal with each other in good faith.

(2) At the time an employee enters into an employment agreement with an employer, the employer must inform the employee

(1) The provisions of this Act may be enforced in accordance with this Act by

(2) An employee's entitlement to annual holidays, public holidays, sick leave, or bereavement leave that are in addition to entitlements under this Act may be enforced only by the persons listed in subsection (1)(a) to (c).

(1) An employer who fails to comply with any of the provisions listed in subsection (2) is liable,

(2) The provisions are

(1) A Labour Inspector is the only person who may bring an action in the Authority against an employer to recover a penalty under section 75.

(2) A claim for 2 or more penalties against the same employer may be joined in the same action.

(3) A claim for a penalty may be heard in conjunction with any proceedings for the recovery of holiday pay or leave pay.

(4) After hearing an action for recovery of a penalty, the Authority may

(5) An action for the recovery of a penalty must be commenced within 12 months after the earlier of when the cause of action became known, or should reasonably have become known, to the Labour Inspector.

(6) A penalty that is recovered must be paid,

(1) A Labour Inspector may take proceedings on behalf of an employee to recover unpaid holiday pay or leave pay that the employee is entitled to under this Act.

(2) If a Labour Inspector takes proceedings under subsection (1), the Labour Inspector must not issue a demand notice under section 224 of the Employment Relations Act 2000 in respect of the same pay.

(3) Section 131 of the Employment Relations Act 2000 applies, with all necessary modifications, to proceedings taken under subsection (1).

(4) An action initiated or taken under this Act by a Labour Inspector may be completed by another Labour Inspector.

For the purposes of this Act, every Labour Inspector has, in addition to any powers conferred by this Act, all the powers that a Labour Inspector has under the Employment Relations Act 2000.

Except to the extent that, in any proceedings before the Authority, the Authority makes its own determination on the matter, a determination made by a Labour Inspector under section 11(2) , section 13(2) , section 17(2) , section 54(2) , or section 85(2) , is binding on the employer and employee.

Before making a determination under this Act, a Labour Inspector must

(1) An employer must keep a holiday and leave record that complies with this section.

(2) The holiday and leave record must contain the following information for each employee:

(3) The holiday and leave record must be kept

(4) Information entered in the holiday and leave record must be kept for not less than 6 years after the date on which the information is entered.

(5) The holiday and leave record may be kept so as to form part of the wages and time record required to be kept under section 130 of the Employment Relations Act 2000.

(1) The following persons may request an employer to provide access to, or a copy of, or a certified extract from, information in the holiday and leave record relating to an employee:

(2) An employer who receives a request under subsection (1) must comply as soon as practicable with the request by

(1) Evidence that an employer has failed to comply with section 81 or section 82 may be given in an action before the Authority

(2) To avoid doubt, for the purposes of subsection (1), an action before the Authority includes the determination of an objection to a holiday pay demand notice under section 224 of the Employment Relations Act 2000.

(3) If, after hearing the evidence, the Authority is satisfied that the employer failed to comply with section 81 or section 82 and that the failure prevented the claimant from bringing an accurate claim, the Authority may make a finding to that effect.

(4) If a finding under subsection (3) is made, then the Authority may accept as proved, in the absence of evidence to the contrary, statements made by the employee about

(1) Subsection (2) applies if

(2) The Authority may include, in the sum for which judgment is given or the determination is made, interest for the whole or any part of the period between the date when the cause of action arose and the date of payment in accordance with the judgment or determination.

(3) Interest included in a judgment or determination must not exceed interest at the rate calculated under clause 11 of Schedule 2 of the Employment Relations Act 2000.

(4) This section does not authorise the giving of interest upon interest.

(1) If an employer dismisses an employee and then re-employs the employee within 1 month after the dismissal, the employee's employment must be treated as being continuous for the purpose of the employee's entitlements under this Act.

(2) Subsection (1) does not apply if a Labour Inspector makes a determination that the Labour Inspector is satisfied that

Holiday pay and leave pay payable by an employer to an employee is

The Governor-General may, by Order in Council, make regulations for 1 or more of the following purposes:

(1) Any annual holidays to which an employee had, before the commencement of this section, become entitled under section 11 of the Holidays Act 1981 and that remain untaken on the commencement of this section

(2) The operation of this section does not affect the date on which the employee next becomes entitled to annual holidays.

Any holiday to which an employee had, before the commencement of this section, become entitled under section 7A of the Holidays Act 1981, and that remains untaken on the commencement of this section

(1) Any special leave to which an employee had, before the commencement of this section, become entitled under section 30A of the Holidays Act 1981 and that remains untaken on the commencement of this section

(2) The operation of this section does not affect the date on which the employee next becomes entitled to sick leave.

(1) The enactments specified in Schedule 1 are repealed.

(2) The enactments specified in Schedule 2 are amended in the manner indicated in that schedule.