Holidays Act Remediation
The Holidays Act remediation process being undertaken by the University, the impact on current staff, and eligibility of past staff to request a recalculation.
Remediation payments schedule
The University has worked to review the calculation of leave payments under the Holidays Act. Following this comprehensive review in liaison with the Labour Inspector, the University has identified we have inadvertently paid some of our staff incorrectly.
The substantial majority, 89%, of staff have been paid accurately over the 10 year period 1 January 2011 (the required start date) to 27 December 2020. Of the remaining staff who we have not paid correctly where there is an underpayment, the amounts owed are less than two hundred dollars ($200) per staff member in the majority of cases. The University made its first remediation payments to current staff on the pay day Thursday 3 November 2022. The University is now focused on past staff payments through into Q1 2023.
Background
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 needed to ensure it calculates and pays the entitlements in accordance with the provisions in that Act in liaison with the Ministry of Business, Innovation and Employment’s Labour Inspectorate.
The University has identified some payroll issues that meant some of its staff have received incorrect payments for their leave entitlements under the Act. The University is committed to correcting the payroll system and is continuing to work with the payroll provider to ensure compliance. Additionally, we will undertake further comparative recalculations to ensure all staff are paid in accordance with the Act. Therefore, a few staff may receive a further payment in 2023.
Current and past staff of the University
The University has undertaken remediation calculations for all staff employed with the University as at 19 November 2018, and staff employed after that date (including any previous employment with the University during the relevant period), and who are not excluded.
Calculations were also completed for past staff (as at 19 November 2018) who responded to the University communication about the remediation work requesting a recalculation.
The University is undertaking these recalculations for all current and past staff who meet the above criteria, in respect of the Act, for payments made to those staff since 1 January 2011. Further, past staff, who have not yet contacted the University, can still do so by emailing holidays-act-remediation@vuw.ac.nz.
Excluded current and past staff
The remediation calculations do not apply to current or past staff employed on fixed term employment agreements of less than 12 months (such as tutors) and/or staff employed on casual agreements, who each received holiday pay along with their fortnightly pay.
Your rights
The University’s 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.
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.
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.