Reports Workers Are Being Told They Must Work On Boxing Day

Dec 11, 2018


FIVEaa’s Leon Byner says he is receiving reports that people are being told they must work on Boxing Day.

A source who contacted Leon Byner said:

“This is legal advice provided about the shop trading hours debate.

“Further to our earlier discussion, I confirm that under the Retail and Commercial Leases Act a retail shop lease may regulate trading hours if:

-           the shop is within an “enclosed shopping complex” (three or more shops, one ownership, common area access which is locked when shops close for business);

-           the lease does not reduce the trading hours to less than 50 hours per week;

-           the hours for which the shop is required to be open for business (“core trading hours”) does not exceed 54 hours a week, and does not include any time on a Sunday; and

-           the core trading hours have been approved in a secret ballot by a majority of at least 75% of the votes cast.  The Lessor and each Lessee have one vote.

“The ability to regulate trading hours applies only to ‘retail shopping centres’.  Basically, that means a group of at least five premises used for retail, within the same ownership, located in one building or two or more buildings that are either adjoining or separated by common areas, and the premises are promoted or generally regarded as constituting a shopping centre, shopping mall, shopping court or shopping arcade.”