Holidays Act 2003 - remedial payments for past employees

DOC has identified a number of payroll related issues which, over time, have resulted in employees receiving incorrect payments.

The issues relate to entitlements under the Holidays Act 2003. The specific areas that require remediation date back to May 2010, and are related to the payment of statutory holidays, and the rate of payment for annual, alternate, sick and bereavement leave.

The final calculations and checking are complete, and we are trying to contact all affected past employees to advise any amount owed.

DOC is using the last contact details we had for people when they left DOC.

If you think you may be eligible (you must have been employed by DOC between May 2010 and July 2017), and you don’t believe we have your correct contact details, complete our form so we can contact you:

Update my contact details – online form

For further information, email holidaysact@doc.govt.nz.

Frequently asked questions

What are the payroll issues?

DOC has identified a number of payroll related issues which, over time, have resulted in employees receiving incorrect payments.

The issues relate to entitlements under the Holidays Act 2003, and how a range of allowances and entitlements have been interpreted and calculated. The specific areas that require remediation date back to May 2010 and are primarily related to the payment of statutory holidays, and the rate of payment for annual, alternate, sick and bereavement leave.

The Holidays Act is complex legislation with strict rules and calculations for different types of leave.

Who is impacted by these issues?

The issue relates to people who were employed by DOC between May 2010 and July 2017.

Not all employees who worked during this period are affected. If you didn’t work a statutory holiday, receive allowances or if your leave was calculated at a higher rate during this period, you may not be one of the people receiving a remedial payment.

How will I know if I’m entitled to a payment?

We’ll be contacting everyone who is owed a payment either by email or letter to the last known physical address.

You must have worked for DOC between May 2010 and July 2017. Affected people will be contacted with information about their payment and how to claim it. DOC is using the last contact details we had for people when they left DOC. If you think you are eligible and you don’t believe we have your correct contact details, please complete the form above to ensure correspondence can reach you.

Why haven’t I been contacted advising what I’m owed?

There are two reasons why you may not have contacted:

• You may be one of the people who are not affected by these issues. If you would like to check, email holidaysact@doc.govt.nz.
• The address we have for you may not be your current address. We encourage past employees to complete the above form to ensure any correspondence can reach you.

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 documents do I need to make a claim?

To enable us to make payment we will need the following documentation from you:

• Proof of Identity: birth certificate, passport, certificate of citizenship, immigration NZ Visa, drivers licence.
• Additional information and Superannuation Advice.
• Tax Code and IRD number: a signed IR330.
• Bank account details for payment: Confirmation of Bank Account form.

Forward the above documentation to Holidays Act 2003 Compliance Project, Department of Conservation, PO Box 10 420, Wellington 6143, or email scanned copies to holidaysact@doc.govt.nz.

How will superannuation contributions be managed?

We have asked past employees to advise if superannuation should be paid into the SSRSS or KiwiSaver scheme. If neither of these options are selected no superannuation will be deducted.

How do I claim on behalf of a deceased person, or someone for whom I hold power of attorney?

We will need you to provide documentation to verify your identity and to confirm that you are authorised to act on behalf of the individual’s estate. If you are the authorised person for an individual who has passed away and who had worked for DOC during this time period, please contact us at holidaysact@doc.govt.nz and we will get in touch with you.

My bank account has recently changed. How will you pay me?

One of the documents you are required to submit includes a current bank authority form, you will need to complete this before payment can be made.

What if I have moved house, how will you know my new address?

Provide your updated details on the contact details form and we will be in touch with you.

When will I receive the money I’m owed into my back account?

Upon receipt of your confirmation documentation we will then process your payment and arrange payment to your nominated bank account as soon as possible.

How will my remediation payment affect tax/benefits/other?

You will be taxed in accordance the tax code you provide us. We encourage you to make contact with relevant organisations to discuss any impact this remediation payment might have on child support, benefits or other such matters.

Why has it taken so long to organise these payments?

We appreciate this process has taken time to progress, however our focus has been to ensure our calculations are as accurate as possible. We have taken all possible steps to ensure we get this right for our people, while ensuring compliance in the future. The issues are complex and affect over 12,000 employee records, so it has taken time to work through all the data and ensure we have been as accurate as possible.

What involvement have the Public Service Association (PSA) had?

The PSA have been briefed throughout the project.

Who can I contact if I need more information?

Send your query to holidaysact@doc.govt.nz. If you think you are owed a payment, but you have not received a letter, complete the online form, and we will contact you.