Holidays Act Remediation Claim

Payment of Holidays Act remediation

Our Holidays Act Portal is now closed. You may be trying to access this page as you have only recently discovered the remediation programme, or your registration may not have been completed after we informed you of your claim, so you were not included in the assessment.  

The following information should help you find out more about Holidays Act Remediation payments, whether you are eligible and how to make a claim.

The Holidays Act 2003 ("Holidays Act") sets out the minimum entitlements to holidays and leave, and payment for leave that New Zealand employers are obliged to provide to their employees. All New Zealand employers must comply with the Holidays Act.

The Holidays Act:

  • sets out how permanent employees become entitled to types of leave (Annual, Bereavement, Alternative, Public Holiday, Sick and Family Violence [BAPSF]), as they all have certain conditions to be met.
  • tells us the calculations we should use to pay these different types of leave, which change depending on different factors.
  • defines how our on-call and casual employees should be viewed and paid Annual and BAPSF leave.

You can find more information about the Holidays Act on the Employment New Zealand website.

Am I eligible?

This remediation applies to the following groups of employees:

  • New Zealand Post Limited, includes Express Couriers Limited
  • Datam, or Datamail (but not Converga)
  • Kiwi Financial Services Retail (KFSR)

New Zealand Post did also pay several other groups. Anyone from those other groups should talk to their specific group about any potential remediation.

Our remediation period is from May 2010 to May 2020 and covers those employees (above) who were employed during that period. Anyone employed after May 2020 has been paid correctly.

How do I make a claim?

This depends on your circumstances. Please check which category affects you:

I submitted a claim through the portal but have not received an outcome

This can mean one of the following three possibilities:

  1. You have missed one or more of our communications
  2. You are not eligible based on your employment details or dates
  3. There is an issue with your registration

Contact us immediately by emailing [email protected] . Please indicate your name, date of birth and IRD number and why you are contacting us. Those details will enable us to find you.

I am a first-time claimer

Send an email to [email protected]. Please add the following in the title of your email: “Former employee claim-Holidays Act - (Employee’s Full name)- First time claimer”

Please also provide:

  • Employee’s first name
  • Employee’s last name
  • IRD number

(The above details should relate to when you were employed with us, not what they are now)

  • Date of birth
  • Contact phone number
  • Name changed to (if applicable)

If you are claiming on behalf of a former employee, please provide your name and relationship to our former employee This is required as we will make contact with you if a payment is due (as other supporting information will be required).

When will I be paid?

The next payment is planned for about June 2022, and then annually thereafter – finishing in June 2026.

Your payment will be contingent on:

  • Your eligibility based on you working for one of the named entities (above) during the prescribed period
  • Our ability to match you back to your employment record. This is why your name, date of birth and IRD number are so important
  • Our calculation determining that you are due a payment

How do I claim an arrears payment?

We will advise you if you are due a payment, or not.

That advice will confirm what we require:

  • Proof of ID
  • Bank account verification. Please note - we can pay to a foreign bank account, if the verification includes your full bank account details and shows your name and full address
  • Completed Tax Code Declaration form – IR330
  • Completed Kiwisaver deduction form KS2
  • Your legal document that confirms your name change (if applicable)

If you are claiming on behalf of a former employee, you will need to provide the above, then one of our team will be in contact with you about additional requirements.

How much will I be paid?

When we make the payment, it will be followed by a payslip showing the gross value, PAYE (with student loan or Kiwisaver if applicable) and the net payment amount.

Who can I contact if I have a question about the Holidays Act?

Please send an email to [email protected] along with the details. The response will be provided by email .