Holidays Act Remediation Work

Information on the Holidays Act remediation process being undertaken by the University. This includes information about the process for eligible former employees to request a recalculation of their Holidays Act payments.

Background

Like many large New Zealand employers, Victoria University of Wellington (the University) has identified some payroll issues that mean some of its employees may have received incorrect payments for their leave entitlements under the Holidays Act 2003. Because of this, the University is currently undertaking remediation work on its payroll system and processes. Part of this work requires the University to consider whether it may have paid staff incorrect amounts for any leave entitlements that arose under the Holidays Act and, if so, whether any amounts are owing because of this.

The University provides leave entitlements to staff that are more favourable than those under the Holidays Act, in particular, for annual holidays and paid sick leave. However, the University still needs to ensure it calculates and pays the minimum Holidays Act entitlements in accordance with the provisions in that Act. The University is committed to ensuring that it corrects its payroll system and processes to ensure that they comply with the Act, and is liaising with the Ministry of Business, Innovation and Employment in connection with this.

Information for current employees of the University

The University is undertaking remediation recalculations for all employees employed with the University as at 19 November 2018 (including any previous employment with the University during the relevant period) who are not in an excluded category of employee. This recalculation process does not apply to current employees on fixed term employment agreements of less than 12 months (such as tutors) and staff employed on casual employment agreements, who each receive holiday pay with each pay.

The University is undertaking these recalculations for all current employees who meet the above criteria in respect of Holidays Act payments made to those employees since 1 January 2011.

You do not have to do anything to be included in this process.

Current eligible employees do not need to submit a request for Holidays Act payments to be recalculated, as that process applies only to eligible former employees. If the University identifies there is money owing to you, this will be paid to you once the recalculations are finalised.

Information for former employees

The University is writing to all former employees (at their last recorded post and/or email address) who are identified in the University records as meeting the following criteria:

  • Employed at the University at some point since 1 January 2011, but no longer employed at the University; and
  • Employed under an employment agreement that provided for permanent employment or for a fixed term of 12 months or more.

Am I eligible?

If you are a former employee who meets these criteria, you can submit a request for a recalculation of your Holidays Act entitlements as part of the University’s remediation process. Individuals are not eligible to submit a request if they were employed on fixed term agreements of less than 12 months, or were employed on a casual basis where, in either case, they received holiday pay with each pay.

If you are eligible, please see the additional information set out in the responses to Frequently asked questions (FAQs) and, if you wish to make a request for a recalculation of your Holidays Act payments, you will need to complete and submit a form, with supporting documentation. The University needs to obtain certain additional information from former employees as details may have changed and for security purposes.

How do I make a request?

Former employees can make a request for a remediation recalculation by:

  • Submitting the online form and uploading the required supporting documents; or
  • Printing the PDF form and posting a completed form with the required supporting documents enclosed to:

Holidays Act Remediation Team  
Level 4 Hunter Building  
Victoria University of Wellington  
PO Box 600
Wellington 6140

The University encourages eligible former employees to submit their requests through the secure online form.

Timing

For eligible current employees: You do not need to take any action. As noted above, the recalculation of Holidays Act payments will be done as part of the remediation process. If the University identifies there is money owing to you in respect of Holidays Act entitlements, this will be paid to you once the recalculations are finalised. A further notification to staff will be made once the recalculation process is complete confirming the pay period in which any additional payment will be made.

For eligible former employees: The University will consider all requests for a Holidays Act remediation recalculation received from eligible former employees that are received by the University up until 30 January 2019. The University will continue to consider any requests received from 31 January 2019 onwards on a case-by-case basis; however, the request may not fall within the first stage of remediation recalculations paid to former staff.

Other important details

Not all eligible employees of the University (whether current or former) will be entitled to a remediation payment or to a payment at a specific level. Whether any payment may be due will depend on a number of factors, including the nature of your employment with the University, your hours of work and working pattern, and the level of payments already made to you.

Please note that the remediation work is complex and will take some time to complete, please be patient with the University as it completes this work.

The University’s Holidays Act remediation process does not restrict any right that you may have to bring your own action in the Employment Relations Authority, in accordance with the Employment Relations Act 2000, if you consider your statutory minimum entitlements have not been met.

Need more information?

For more information you can read the FAQs, or if you have any questions regarding this notice or this process that are not covered by the FAQs, please contact the team dealing with the Holidays Act Remediation process on  holidays-act-remediation@vuw.ac.nz

If you are a union member you may also want to contact your union representative about this process. You are also welcome to seek your own independent advice.