9 Meaning of relevant daily pay

(1)

In this Act, unless the context otherwise requires, relevant daily pay, for the purposes of calculating payment for a public holiday, an alternative holiday, sick leave, or bereavement leave,—

(a)

means the amount of pay that the employee would have received had the employee worked on the day concerned; and

(b)

includes—

(i)

productivity or incentive-based payments (including commission) if those payments would have otherwise been received had the employee worked on the day concerned:

(ii)

payments for overtime if those payments would have otherwise been received had the employee worked on the day concerned:

(iii)

the cash value of any board or lodgings provided by the employer to the employee; but

(c)

excludes any payment of any employer contribution to a superannuation scheme for the benefit of the employee.

(2)

However, an employment agreement may specify a special rate of relevant daily pay for the purpose of calculating payment for a public holiday, an alternative holiday, sick leave, or bereavement leave if the rate is equal to, or greater than, the rate that would otherwise be calculated under subsection (1).

(3)

To avoid doubt, if subsection (1)(a) is to be applied in the case of a public holiday, the amount of pay does not include any amount that would be added by virtue of section 50(1)(a) (which relates to the requirement to pay time and a half).

Section 9: substituted, on 1 April 2011, by section 5 of the Holidays Amendment Act 2010 (2010 No 126).