Trina Snow considers the joys (or otherwise) of Christmas.

Christmas is traditionally one of the busiest times of the year for most stores. Many Kiwi families are on their summer holidays and one of their favourite activities is eating and drinking together.

Even those still at work may be getting into the festive spirit with work functions and parties commonplace at this time of the year.

It is also the time when the rules around public holiday leave and pay become the most confusing for employers, particularly for smaller stores. The rules in this area have been changed in recent years and all shops should make sure their leave and pay policies are completely up-to-date and fully comply with the relevant legislation.

This year, Boxing Day (26 December 2011) and the day after New Year’s Day (2 January 2012) are observed on the days they fall. However, there are special rules for Christmas Day and New Year’s Day because they both fall on a Sunday.

The Department of Labour advises that for employees who normally work on a Sunday, Christmas Day and New Year’s Day are observed on 25 December 2011 and 1 January 2012 respectively. However, for employees who normally do not work on a Sunday, Christmas Day and New Year’s Day are transferred to the following Tuesdays (27 December 2011 and 3 January 2012 respectively).

It is worth noting that an employee cannot be entitled to more than four public holidays over the Christmas and New Year period, regardless of their work pattern.

In terms of pay for working on a public holiday, the general starting point is ‘time and a half’ based on the employee’s relevant daily pay. In very limited circumstances the average daily pay can be used but this would be highly unusual. Employment agreements need to specifically provide that an employee will receive at least time and a half for working on a public holiday.

Employers should also be aware that under the Holidays Act 2003 an employee is entitled to an alternative holiday (often called a ‘day in lieu’) if they work on a public holiday that is usually a working day for them. Employees get the full alternative day off, even if they only work for a small part of the day. It is recommended that policies around alternative holidays are clearly spelt out in each employee’s employment agreement in order to avoid any disputes.

Recognising the complexity of this area, the Department of Labour has produced a useful resource – www.dol.govt.nz/er/holidaysandleave/holidays-and-leave.pdf – and a Pay and Leave Tool – www.dol.govt.nz/er/holidaysandleave/holidaysonline/index.asp – which also has examples. Ultimately, compliance with the law is the employer’s responsibility and they should take legal advice if necessary.

The stress of Christmas can get to people, both customers and staff. Human resources trainer Donna Earl provides some tips for dealing with frustrated customers:

• Don’t take it personally. In most cases, their frustration has nothing to do with you. In their emotional state, all they can think of is how upset they are. Most don’t realise the impact they might be having on you. Try to keep calm and maintain perspective.

• The customer is really a nice person. You are experiencing a blip in their behavioural radar. When talking to them, remember there’s a nice person in there some place, and if you keep your cool and work with them, you’ll discover that nice customer again. Typically they’ll apologise and thank you profusely if you keep thinking they’ll become nice.

• Their behaviour is a reaction to unmet expectations. Uncovering their expectations will help defuse the emotion, help you keep cool and keep the conversation focused on problem solving. Keep focusing on what you can do to close the gap between their unmet expectations and their experience of your store’s services and products. When customers are dealt with sincerely and professionally, they are more open to alternative solutions.

NARGON wishes everyone a Merry Christmas and a Happy New Year. After a rough year for the country, we send our very best wishes to all readers for a fantastic 2012.