Holidays Act remediation payments

The Holidays Act 2003 outlines how leave entitlements – such as annual, sick, and bereavement leave – must be calculated and paid.

Most organisations in New Zealand use a payroll system to calculate a person’s pay, this includes their holiday pay. However, due to the intricacies of the Holidays Act, many of these systems previously did not align with the legislation. This has resulted in widespread misinterpretations across the country, including at Selwyn District Council.

As a result, the Council has reviewed its processes and is remediating any underpayments to ensure people are paid what they are owed.

Employees most likely to have been affected were employed between 1 June 2010 and 25 June 2023 and may have changed the days they worked per week, worked substantial overtime or had variable working patterns or rates of pay.

From Monday 14 July, we will start contacting former employees who were identified as impacted, using their last known contact details. If you believe you were affected and have not heard from us by 31 July, please fill in the form below.

You can find answers to some frequently asked questions below.

Holiday Act remediation form

If you previously worked for Selwyn District Council and have received an email from us, we will require a few details from you to ensure that we can correctly identify and pay you as a former employee. We will require an IR330 to be completed, which you can download here. Payments will be made once all necessary documentation has been verified.

If you have any issues accessing this form, please email holidaysactremediation@selwyn.govt.nz.

If you have not heard from us and think you may have been affected, please complete the form below.

Holiday Act Remediation Enquiry

Frequently Asked Questions

How do I know if I am eligible for a remediation payment?

We will contact identified previous employees who are eligible for a remediation payment using their last known contact details. Employees most likely to have been affected were employed between 1 June 2010 and the 25 June 2023 and may have changed the days they worked per week, worked substantial overtime or had variable working patterns or rates of pay.

If I am entitled to a remediation payment, how much will it be?

Each payment has been individually calculated as history of earnings and holiday entitlements will differ based on individual circumstances such as:

• Length of service
• Hours worked
• Overtime hours
• Leave taken
• Final pay calculations

Underpayments can be as little as $0.01.

Checking for a deceased person or someone you act on behalf of

To check if a deceased person’s estate or someone you act for is due a remediation payment, you’ll need to verify your identity and provide documentation confirming you are authorised to act on behalf of the estate or person. Please email holidaysactremediation@selwyn.govt.nz.

What is Selwyn District Council doing to make sure the issues do not happen again?

The Council is continuing to actively review our payroll system and will make remediation payments where necessary to ensure all employees are paid correctly.