New Zealand Acts

HOLIDAYS ACT 2003 - SECT 85

85 Presumption that employment continuous if employee dismissed and re-employed within 1 month

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—

a) the employer acted in good faith; and

b) the employer did not act for the purpose of evading his or her obligations under this Act.

Note: 1981 No 15 s 20