Holiday Pay Review – Frequently Asked Questions
Compass Group has recently completed a review of payments made to former and current employees under the Holidays Act 2003. Through this review, we have determined that some of our team members received incorrect annual leave payments. This issue has arisen as we and a number of New Zealand businesses and government agencies have interpreted this complex legislation differently, and like them, we are working to ensure those impacted receive the money they’re owed. Our Holidays Act review process was assisted by Integrity1 (our third party payroll specialist) and carried out in co-operation with the Labour Inspectorate.
Our review process has looked at the payments made and identified the amount owed to impacted former and current team members. We’re now making every effort to contact these people to facilitate payment
1. Visit the Compass Holiday Payment Review Website here.
2. Register using your full name and current email address.
The application should take around 10-15 minutes to complete.
QUESTIONS AND ANSWERS
The issues relate to entitlements under the Holidays Act 2003. The Holidays Act legislation is complex with varying rules and calculations for different leave types. Primarily this impacts permanent team members who work variable and unpredictable work patterns or work above their contracted hours. In some but not all cases, these team members have not received correct payments and remediation needs to occur. Remediation has been calculated back to 26 October 2009. Payroll system changes have been made to ensure ‘go-forward’ compliance with the Holidays Act.
A number of former and current team members, employed from 26 October 2009.
Affected team members (former and current) will receive a letter from us with information about their remediation process. Not all team members who worked during this period are affected, as their holiday pay was calculated at the correct or higher rate.
For former team members, we are using the last known contact details we had for them when they left the business. If you believe you are eligible and have not been contacted, please complete the online claim form.
There are two reasons why you may not have received a letter.
You may be one of the people who are not affected by these issues. If you would like to check,
please complete the online claim form.
The contact details we have for you may not be current. We encourage former staff to complete an online claim form to ensure any correspondence can reach you.
Everyone’s earnings history and leave patterns are unique and, as such individual calculations for each former and current team member have been completed. As a result, each payment amount is unique. It is important to note that not all employees will be entitled to a payment and in a number of instances employees have been overpaid. In these situations, we will be consulting with employees on an individual basis. If you are a current employee and believe you are eligible but have not been contacted, please speak with your Site Manager. If you are a former employee and have not been contacted, please complete the online claim form.
Current team members will be paid into the bank account that your ordinary salary or wages are deposited to.
Former team members will be paid as soon as possible upon receipt of your completed claim form and necessary documentation. Depending on claim volumes it may take several weeks to process your claim.
Your back payment will be taxed as a lump sum payment, taking into account the tax code provided to us. Further information about lump-sum payments can be found on the IRD’s website. 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 i.e. IRD, WINZ etc.
We appreciate that it has taken time to determine and process the remediation payments. Our focus has been on investigating the issue thoroughly and ensuring the remediation payment calculations are accurate for each team member. We have engaged several third parties to verify our calculations as well as working closely with the Labour Inspectorate.
Yes, current team members will receive a payslip available on PGSS once the payment is made, consistent with how all payslips are delivered.
Former team members will have a payslip emailed to their nominated email upon payment of their remediation payment.
The calculation of remediation payments is complex involving a large amount of data, and as such detailed calculation break downs will not be provided with the letter detailing the amount of your remediation payment. However, if you wish to obtain a detailed statement of your calculation this can certainly be arranged on request.
Our third party provider have looked at all the different scenarios for our employees, both former and current, and ensured these were considered across the recalculation process.
1. Moving from Waged to Salaried (or vice versa)
2. Changing between Full Time, Part Time or Casual (including fixed term)
3. Periods of Parental Leave
4. Breaks in employment
Current team members do not need to provide any documentation as we already have your current bank account, KiwiSaver/AMP and taxation details.
Former team members will need to lodge a claim form, which can be lodged immediately online. The following documentation is required to be uploaded to complete your claim:
• Proof of identity: copy of birth certificate, passport, certificate of citizenship, immigration NZ visa, drivers license or HANX 18+ card, please note if your identity document has two sides both sides must be provided;
• Tax code and IRD number
• if contributing to KiwiSaver a;
• IR330 and KS2 forms will be automatically created during your application which you can download copies of
The claim form and lodging of these documents can be completed electronically via the online claim form.
We will only collect and use your personal information for the purposes of settling any payment under the Holidays Act remediation and will retain this information for 7 years, as required by law. The website for logging applications has encryption of all data, encrypted data is held in only New Zealand and or Australia for backup reasons. Security access policies are restricted and in place.
No, current team members do not need to complete a claim form we already have all your current details on file. We will automatically process your remediation payment into the bank account that your ordinary salary or wage is deposited to.
FORMER OR DECEASED TEAM MEMBERS
To ensure you receive the money owed to you we must obtain proof of identify. Information to confirm your identify and KiwiSaver, taxation and bank account details are needed to be able to process your payment.
If you do not have any money owed, you will be notified when you lodge the claim. If you do have money owed, your documentation will be reviewed and verified by our third party provider. Once they have confirmed your claim and documentation is in order, we will process your remediation payment to your nominated bank account as soon as possible. A payslip detailing the payment made to you as well as any KiwiSaver and/or AMP contributions will be provided via email or mail. December 2021
Please make a claim online.
To ensure we pay the money owed to the appropriate people we are required to verify your identity and confirm that you are authorised to act on behalf of the estate or team member.
If you believe you may be entitled to a remediation payment on behalf of an estate or a team member for whom you hold power of attorney, please email us at firstname.lastname@example.org so we can work with you to confirm your eligibility to a remediation payment and process the payment for you.
TAX, KIWISAVER AND OTHER BENEFIT IMPLICATIONS
PAYE, as well as other deductions such as student loan repayment and KiwiSaver contributions, will automatically be deducted at the time of payment. For current employees these deductions will be based on the information already held in our payroll files. For former employees these deductions will be based on the information provided to us.
Current team members will have KiwiSaver contributions on their remediation payment based on your contribution set up already provided to us.
Former team members are required to provide their current KiwiSaver details and nominate their current contribution percentage to Compass and this will be deducted from your remediation payments and paid to your KiwiSaver fund.
If you are owed money and a payment is made to you, this may affect your Working for Families entitlement or disability allowance for the year ended 31 March 2022. Please contact Inland Revenue on 0800 227 773 to discuss your situation if necessary.
TAX, KIWISAVER AND OTHER BENEFIT IMPLICATIONS
We appreciate the implications of this issue and understand the importance of ensuring it does not happen again. Future compliance with the Holidays Act has been a major focus of the work we have completed. We have worked closely with the Labour Inspectorate to ensure our systems and processes are as robust as possible to comply with the Holidays Act. Payroll system changes have been made to ensure ‘go-forward’ compliance with the Holidays Act.
The remediation payment process is being managed by Integrity 1, our third party provider and as such our inhouse payroll team will not be able to assist with any queries. Please email us on email@example.com.