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Holidays Act Remediation FAQ

We have identified several payroll related issues which over time have resulted in some team members receiving incorrect payments.

The issues relate to entitlements under the Holidays Act 2003, which will be remediated back from 1 April 2004 (inception of the Holidays Act) and relate to the rate of payment for statutory holidays, annual, sick and bereavement leave.

The remedial back pay calculations are now finalised and we are getting in contact with all affected current team members as well as attempting to contact past team members at their last known address. We acknowledge that this is a disappointing situation which we, alongside other New Zealand businesses, are facing and we have worked to put robust measures in place to comply with the Holidays Act moving forward.

We are contacting all impacted team members, but for further information or if you believe you may have been affected please complete the online claim form immediately or contact us on 0800 101 111, between the hours of 8:00am – 9:00pm, Monday to Friday. Please be aware our team are unable to tell you the amount you will be paid over the phone as your eligibility to a remediation payment must be verified through the claim process.

Submit Remediation Claim

Key Issues - Who/How much/Payment timings

  • What are the payroll issues?

    The issues relate to entitlements under the Holidays Act 2003 and primarily 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 April 2004, which is the date the Holidays Act came into effect.

    The Holidays Act legislation is complex with varying rules and calculations for different leave types. This issue is not isolated to Bunnings and is a wide issue affecting many employers.

  • Who is impacted?

    The issue relates to a number of past and current permanent team members, employed between 1 April 2004 to 31 May 2018.

    Affected team members (past and present) will receive a letter from us with information about their remediation payment and how they can have it paid. Not all team members who worked during this period are affected, as their holiday pay was calculated at the correct or higher rate. Bunnings is not recovering any overpayments as part of the remediation.

    For past 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 or call us on the number provided on this page.

  • How much will my payment be?

    Everyone’s earnings history and leave patterns are unique and, as such individual calculations for each team member have been completed. As a result, each payment amount is unique and Bunnings will write to each of the affected team members and advise of the amount owed. If you believe you are eligible and have not been contacted, please complete the online claim form or call us on the number provided on this page.

  • When will I receive the money owed in my bank account?

    Current team members will be paid immediately as we already have all the necessary information to process these payments. We will automatically process your remediation payment into the bank account that your ordinary salary or wages are deposited to.

    Past 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.

  • Will interest be paid on top of my remediation payment?

    Interest will not be paid on top of the remediation payments; however, we will apply inflation at the Reserve Bank of New Zealand CPI rate to ensure the time value of money is reflected in your remediation payment. We considered this to be fairest approach and is in addition to what we are required to do.

  • Why has it taken so long to make these payments?

    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.

Documentation

  • Will I receive a payslip once my remediation payment has been deposited into my bank account?

    Yes, current team members will receive a payslip available on My Bunnings Details once the payment is made, consistent with how all payslips are delivered.

    Past team members will have a payslip emailed or mailed (as advised by you) to their nominated email or mailing address upon payment of their remediation payment.

  • Will I receive a detailed breakdown of how my remediation payment has been calculated?

    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.

  • What documents do you require?

    Current team members do not need to provide any documentation as we already have your current bank account, KiwiSaver/AMP and taxation details.

    Past 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: a signed Tax Code Declaration Form (IR330); and
    • if contributing to KiwiSaver a signed IRD KiwiSaver Deduction Form (KS2)

    The claim form and lodging of these documents can be completed electronically via the online claim form. Otherwise a claim can be lodged by email by downloading the PDF form, printing it, completing it and scanning or photographing the completed form along with the above supporting documents.

  • Do current team members need to complete a claim form?

    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.

Past or deceased team members

Tax, KiwiSaver and other benefit implications

  • How will my remediation payment affect my tax and any other benefits?

    Current team members will have income tax withheld at the appropriate withholding rate for the FY19 tax year.

    Past team members will have withholding tax deducted in accordance with the tax code you provide to us as declared in your signed Tax Code Declaration Form (IR330).

    We encourage you to discuss with the relevant organisations how your remediation payment may impact child support, benefits or other such matters you may receive. If you have any concerns about this, please call us on the number provided on this page.

  • What happens to my KiwiSaver and/or AMP contributions?

    Current team members will have KiwiSaver and/or AMP contributions on their remediation payment based on your contribution set up already provided to us.

    Past team members are required to provide their KiwiSaver/AMP details and nominate their contribution percentage to Bunnings and this will be deducted from your remediation payments and paid to your KiwiSaver/AMP fund.

    Should no KiwiSaver or AMP nomination be made, no contributions will be made and the payment made to you will not have KiwiSaver or AMP contributions deducted.

  • Will Bunnings make company KiwiSaver/AMP contributions on top of my contribution?

    Yes, should you make a team member contribution from your remediation payment, Bunnings will also contribute 150% of your contribution up to a maximum cap of 7.5% across both KiwiSaver and AMP. Bunnings’ contribution is an added benefit above your remediation payment and will only be paid for those team members that make a team member contribution to KiwiSaver and/or AMP.

    Example: a team member elects to have 3% of their after-tax remediation payment contributed to KiwiSaver, Bunnings will contribute a further 4.5% into the team members KiwiSaver.

Future reassurance

  • What steps have been taken to ensure my future holiday pay is correct?

    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.

    We are working to implement the required system and process changes to fully remediate our Payroll processes and systems, in the interim a holiday pay reconciliation process will be in place to ensure all holiday pay is correctly paid moving forward.

  • Who can I contact for further information?

    Please call us on 0800 101 111, Monday to Friday, between 8:00am – 9:00pm.

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