Who is a “current employee” for remediation?
A current employee is a person who is currently being paid by the Capital, Coast and Hutt Valley, or Wairarapa Payroll teams at the point in time when the Holidays Act Programme is ready to make the remediation payment.
Who is a “former employee” for remediation?
Anyone who has previously worked for one of the former District Health Boards, or for one of the following: Health Alliance, Health Partnerships, Health Source, Northern Region Alliance.
If your previous role was ‘terminated’ in the payroll system, remediation for that role will take place as part of the ‘former employees’ work.
Each project team will remediate staff in current roles first, then former staff.
A national portal for former employees will be launched the week of October 9th, where you will be able to register your updated contact details if you previously worked in a different district. By registering early you will also receive any updates regarding any upcoming payments.
If I am entitled to a payment, how much am I likely to receive?
It is not possible to give an estimate of how much each employee will receive because each person’s earnings history and leave patterns are unique.
Each employee's payments will be recalculated individually for the remediation period from 1 May 2010 to the last working day or the end of the last pay period. As a result, each eligible payment amount will be different.
Each person who is entitled to a payment will receive a statement of how that entitlement was calculated.
I am about to leave my current district or Te Whatu Ora, how does this impact my remediation payment?
Once you leave a District whether it is to go to another Te Whatu Ora District or another organisation you are no longer considered a current employee of that District and your remediation calculation will then be paid with the former employees. That payment will be after the current employee remediation payments.
When will current entitled employees receive a payment?
Payments dates will vary for each District, as each District is working through their own process and there are many variables and assumptions.
Payment dates will vary for each payroll because of the complexities being worked through by each project team. The projects are also being sequenced so that we manage the work required and the risk associated with changing payroll systems.
How will any remediation payment affect my income tax?
The Inland Revenue website contains useful information on the tax treatment of lump sum payments such as holiday pay. You can also contact Inland Revenue directly on 0800 227 774. In general, when holiday pay is paid as a lump sum it is taxed.
How will any remediation payment affect my benefits?
The Ministry of Social Development (MSD) website has the contact details to discuss what happens if you receive lump sum payments with the appropriate area of MSD.
How will KiwiSaver and superannuation contributions be managed?
All superannuation contributions (employee and employer) will be calculated and deducted as part of any remediation payment.
How will student loan repayments be managed?
Student loan repayments will be calculated as part of any remediation payment.
What about voluntary KiwiSaver deductions?
Voluntary KiwiSaver deductions won't be deducted from any remediation payment. It's the responsibility of the individual for their voluntary KiwiSaver deductions to be paid directly to Inland Revenue.
Is the Programme engaging with unions?
Yes, we continue to engage regularly with unions.
When the Holidays Act 2003 compliance work began MBIE, the CTU unions and other involved unions agreed a baseline document for all 20 DHBs at that time (now Te Whatu Ora) to be audited against. Also a review framework was developed to be followed by the DHBs, rectifying the Holidays Act 2003 breach areas of non-compliance.
Te Whatu Ora Executive Leadership Teams are engaging regularly nationally with unions. Union representatives have also been invited to attend the District Holidays Act Programmes monthly Steering Committee Meetings. Engagement also continues through regular BAG meetings and other regular union communications.
Is the Programme keeping my information safe?
Yes. The Capital, Coast and Hutt Valley, and Wairarapa Districts maintain up-to-date and complete records of relevant employment information for employees. This information is used for a number of purposes, including the provision of entitlements and allowances.
The way the Districts manage and keep your information safe is critical to our business outcomes. We have a responsibility under the Privacy Act 2020 to let you know how this information is being used. We have to be mindful of our legislative obligations and ensure the information you have entrusted to us is used only for the purpose it has been collected for.
To be able to complete the necessary calculations and determine if employees have been paid accurately (back as far as 2010), information will be shared with a third party. Employees can be assured that the sharing of this information is being done in a safe and secure manner. We are not collecting any new information. The information is being used for the same purpose as it was originally intended when you gave it to payroll; which is to ensure that employees are paid accurately.
If employees wish to seek access to their employee information they should make a request to their manager. Requests to correct any personal information held by their District can then be made.
Are other organisations also affected by this?
Yes. Many public and private sector employers in New Zealand are impacted and are working to resolve their own Holidays Act 2003 non-compliance issues.