Southland Boys’ High School (SBHS) will have to pay out its hostel chef after an Employment Court judge deemed he should be paid for Christmas and New Year public holidays.
Through the Employment Court, SBHS boarding hostel chef Theo Zink sought to be paid for public holidays; Christmas Day and Boxing Day 2020, New Year’s Day and January 2, 2021, as well as the Easter public holidays and Southland Anniversary Day, of 2021.
At the hearing in July, Mr Zink added the Easter holidays of 2021 should also be considered for payment.
A determination from Judge Corkill released last week said Mr Zink had worked at the hostel for 14 years — seven employed by Spotless Facilities, which ran the catering and cleaning operation of the hostel, and since 2015 as an employee of the SBHS board of trustees.
While working for Spotless and for the first two years of employment under SBHS, he was paid all Christmas and New Year public holidays.
He was paid 8% of his salary as entitlements in 2017 and 2018 but was not paid for the public holidays which fell during the summer holiday break.
While Mr Zink raised an issue as to whether SBHS’ approach was correct during those years, mediation appeared to have resolved the situation.
In the 2019-20 Christmas period, Mr Zink was paid for the four public holidays, although the school said payment was made in error by its payroll provider.
The school changed its thinking regarding Mr Zink’s Christmas holiday payments after an Employment Court decision which deemed school bus drivers, who would not have normally worked during the seasonal holiday period, were not entitled for payment of public holidays during that time.
"SBHS regarded the case as being applicable to its employment arrangements with Mr Zink," Judge Corkill said.
"In reliance on its conclusions, he was not paid for the four Christmas public holidays over the 2020-21 Christmas period."
Because SBHS imposed a four-week closedown period at the end of term four, where Mr Zink had to take annual leave, the public holidays had to be viewed as normal working days.
The Christmas and New Year public holidays 2020-21 fell on Fridays and Mondays (as Boxing Day and January 2 were Mondayised) and as Mr Zink normally worked on those days of the week, Judge Corkill found in his favour.
"I find that Mr Zink was entitled to be paid for the public holidays of Christmas Day and Boxing Day 2020, and New Year’s Day and 2 January 2021."
However, because the Easter break holidays were not part of a closedown period, and because Mr Zink’s evidence fell short of showing he would otherwise be working on those days, he was not entitled for payment of those.
Judge Corkill said he believed the parties could resolve the issue of payment without the necessity of an order. He reserved costs, which he said the parties should seek to resolve.
