Frequently asked questions
The following information is about the Holidays Act remediation process being undertaken by Victoria University of Wellington (the University), the impact on eligible current employees, and the process for eligible former employees to request a remediation recalculation and the next steps.
On this page:
- 1. What are the issues?
- 2. Eligibility to request a remediation recalculation - who does this process apply to?
- 3. What if I am a current employee of the University?
- 4. I’m an eligible former employee - how do I request a recalculation?
- 5. What information do I need to provide?
- 6. How do I make a request?
- 7. What happens after I submit a request?
- 8. How long will the recalculations take?
- 9. What if my contact/bank account/tax details change?
- 10. What is the impact on KiwiSaver/superannuation or other payments?
- 11. Will interest be paid?
- 12. What will happen if I request a recalculation and it reveals that I have been overpaid in respect of my Holidays Act entitlements?
- 13. What happens to my personal information?
- 14. Your rights
- 15. Future entitlements
- 16. Further questions
1. What are the issues?
The areas which the University are reviewing include the rate of payment for annual holidays, sick and bereavement leave and the payment of public holidays and alternative holidays (i.e. when a public holiday was worked) since 1 January 2011, where those entitlements arose under the Holidays Act 2003. Any potential issues will vary between individual employees, depending on their particular circumstances.
2. Eligibility to request a remediation recalculation - who does this process apply to?
The University is writing to all individuals who meet both the following criteria:
- Were employed at the University at some point since 1 January 2011 but left the University prior to 19 November 2018; and
- Accrued annual leave during their employment rather than receiving holiday pay with each pay.
This process does not apply to people who were employed on fixed term employment agreements of less than 12 months (such as tutors) or people employed on casual employment agreements, who, in either case, received holiday pay with each pay.
3. What if I am a current employee of the University?
he University is already undertaking remediation recalculations for all employees who were employed by the University as at 19 November 2018 (including any previous employment with the University during the relevant period) and who are not in an excluded category of employee. This also does not include current employees on fixed term employment agreements of less than 12 months (such as tutors) or people employed on casual employment agreements, who, in either case, received holiday pay with each pay.
Therefore, if you were an employee of the University as at 19 November 2018, there is no need for you to submit a request for a Holidays Act recalculation.
You do not have to do anything to be included in the process.
However, if you received the letter intended for eligible former employees,, please email email@example.com to let us know you received the letter so the University can check its records for you.
4. I’m an eligible former employee - how do I request a recalculation?
If you meet the criteria for eligible former employees set out in response 2 above, you can request a remediation recalculation by completing a form (following the instructions in responses 5 and 6 below) and returning it to the University before 30 January 2019.
5. What information do I need to provide?
A request for a recalculation must be accompanied by the following information:
- Current contact details - including any previous names relevant to your period of employment at the University.
- Proof of change in name - if your current name is different to your name at the time of your employment at the University.
- Proof of Identity - eg, a photocopy of the biographical page of your passport, drivers licence, HANZ 18+ card.
- Current IRD number and Tax Code by including a completed and signed IR330 form.
- Confirmation of current bank account details - bank account number and name on the account - to receive any payment, should a recalculation result in any additional payment being due to you.
- If you are contributing to KiwiSaver, a signed KiwiSaver Deduction KS2 form to confirm the appropriate deductions.
- If you are contributing to the GSF or UniSaver, confirmation of your membership number.
- If you are making a request on behalf of a former employee because they are deceased or because you hold a power of attorney, you will also need to provide proof of your identity and that you are authorised to act on behalf of the former employee or their estate (if applicable).
The University requires this information from former employees to verify the identity of the person requesting the recalculation and, if there are any outstanding payments, to make those payments to the correct bank account with appropriate deductions.
6. How do I make a request?
You can make a request for a remediation recalculation by:
- Submitting the form and uploading the required supporting documents online; or
- Printing and posting the completed PDF form, with the required documents enclosed, to:
Holidays Act Remediation Team
Level 4 Hunter Building
Victoria University of Wellington
PO Box 600
The University encourages eligible former employees to submit their request using the secure online form.
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, but the request may not fall within the first stage of remediation recalculations paid to former staff.
7. What happens after I submit a request?
Following a request from an eligible former employee who has provided the relevant information, the University will undertake a remediation recalculation. If there is a payment owing to you then the University will pay this money to your nominated bank account and notify you of this payment.
Please be aware that not all employees or former employees of the University will be entitled to a remediation payment or to payments at a specific level. Whether a payment is owing and, if so, the amount, will depend on the nature of your employment, hours worked and payments already made – which will differ between individuals.
8. How long will the recalculations take?
The Holidays Act 2003 is complex and remediation recalculations take a significant amount of time. The University is dedicating significant specific resources to ensure these recalculations are done correctly and in as timely a manner as practicable.
9. What if my contact/bank account/tax details change?
If you are an eligible current employee: Please update your details in HR Kiosk.
If you are an eligible former employee: If you have already submitted a request for a recalculation, please contact us at firstname.lastname@example.org or by post at the address set out in response 6 with information on your new details as soon as possible. Please provide your full name and contact details with this request. For security purposes, please don’t send other identifying information to us in this email or postal communication. A member of the remediation team will contact you to verify your identity using other details you have already provided to us before making any changes to your details on our system.
10. What is the impact on KiwiSaver/superannuation or other payments?
If a recalculation results in any payment being due to you, this will be made subject to all legally required deductions.
If you are an eligible former employee: If you are currently a member of KiwiSaver and making contributions, you will need to let us know and complete a KS2 form, so that the University can make the appropriate contributions to your KiwiSaver. The KS2 form is available on the IRD’s website.
If you are a contributing member of another superannuation scheme, e.g. Government Superannuation Fund or UniSaver, please provide the details of your account with your request, so that the University can liaise with your fund provider over any necessary contributions in the event that a recalculation reveals that any amount is owing to you.
If a remediation payment is made to you, the University encourages you to contact any other relevant organisations to discuss any impact this payment might have on child support, benefits or other such matters if they are applicable to you.
11. Will interest be paid?
The University is not obliged or required to pay interest or additional compensation on any remediation payments and will not be making any such payments.
12. What will happen if I request a recalculation and it reveals that I have been overpaid in respect of my Holidays Act entitlements?
If a recalculation demonstrates that you have in fact received an overpayment from the University in respect of your Holidays Act entitlements, then the University may seek to discuss these with you, with a view to asking you to repay any overpayment. However, this is only likely to occur in the unlikely event where a recalculation reveals that a material overpayment has been made.
13. What happens to my personal information?
The University will be collecting, storing and using any personal information provided by you through this process for the purposes of its Holidays Act remediation process. This may include, where applicable, liaising with your superannuation/KiwiSaver scheme provider, the Inland Revenue and/or the Ministry of Business, Innovation and Employment. The University may also use information you provide to update its records of your contact details, where applicable. The collection, storage and use of your personal information will be subject to the University’s Privacy Notice. Further information on the use of your information is also available by emailing email@example.com or calling 0800 04 04 04.
14. Your rights
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.
If you are a union member you may also wish to contact your union representative about this process. You are also welcome to seek your own independent advice
15. Future entitlements
In addition to historical remediation recalculations, the University has also been focusing on ensuring its payroll system is compliant with the Holidays Act for future calculations and payments. The University is committed to ensuring it corrects its payroll systems and processes to ensure they comply and is liaising with the Labour Inspectorate from the Ministry of Business, Innovation and Employment in connection with this.
16. Further questions
If you have any questions that are not answered in the information above, please contact the team dealing with the Holidays Act remediation process on firstname.lastname@example.org