What is the Holidays Act?
The Holidays Act 2003 sets out how payment for leave and final pay is to be calculated and paid. This includes any leave type such as annual leave, bereavement leave, sick leave, etc.
What is the Holidays Act Remediation?
Holidays Act remediation is the correction of historical payments for leave taken during the remediation period if they have not been calculated and paid as required by the Holidays Act.
Why did TANK conduct a Holidays Act Remediation project?
We conducted this project to ensure compliance with the Holidays Act 2003. We aimed to identify and correct any discrepancies in leave entitlements and payments that may have occurred due to historical errors in our payroll system or processes.
What is the issue?
Compliance issues with the Holidays Act are common in both the public and private sectors because many payroll systems have not aligned with the Act.
So, like many other organisations, the payroll system in some instances may not have calculated a person’s holiday pay correctly.
We are working to fix this by calculating and making remediation payments to anyone who has been incorrectly paid.
Who does this affect?
The remediation period is from the 3rd of October 2012 to 31st of March 2024. All employees employed during that period have been recalculated. If you have been affected, Tank has attempted to contact you via your last known email and/or phone number.
How much will my payment be?
Due to earnings history and leave patterns being unique, every case has been assessed individually; therefore, each payment amount will be different.
What did the remediation project involve?
Alongside External Remediation Specialists and MBIE, the project involved auditing our payroll and leave records, identifying any discrepancies, recalculating entitlements and payments where necessary, and implementing corrective actions to ensure all employees receive their correct entitlements.
What types of leave were reviewed?
We reviewed all types of leave covered by the Holidays Act 2003, including annual leave, public holidays, sick leave, bereavement leave, and any other relevant leave entitlements.
When will I receive my payment?
Payments are processed on a quarterly basis. Detailed information about the payment is included once you have verified yourself via the portal.
Will my payments impact Working for Families entitlements, or any other allowance?
Your back payment may affect your Working for Families entitlement or other allowances.
Please refer to www.ird.govt.nz or call the IRD on 0800 227 773 if you need further information.
How have you recalculated leave?
Recalculating annual leave We’ve recalculated annual leave to ensure that we’ve paid ordinary weekly pay or average weekly earnings, whichever is higher.
Recalculating other leave types We’ve recalculated other leave types – bereavement, alternative holidays, public holidays, sick leave and domestic violence leave - to ensure the higher of relevant daily pay or average daily pay has been paid. Where it has not been possible or practical to work out relevant daily pay, we have used average daily pay in the remediation calculations.