Holidays Act Remediation

Holidays Act Remediation Project

Work undertaken by the Labour Inspectorate of the Ministry of Business, Innovation & Employment identified in 2016 that there were issues with DHB payroll systems and their compliance with the Holidays Act. These meant that some employees weren’t receiving their correct leave entitlements.

The CTU wrote to the DHBs and the NZ Blood Service (NZBS) in May 2016 proposing a process to review DHBs’ compliance with the Holidays Act and to take a national approach to resolving issues of non-compliance.

The then DHBs, now Te Whatu Ora regions, continue to work through the process at varying rates. The National Programme Management Office publishes regular updates on the progress of each region. The latest editions are below.

Have you worked for a District Health Board or Te Whatu Ora at anytime since 1 May 2010?

From Thursday 9 November 2023 you will be able to register to receive any underpayments as a result of non-compliance with the Holidays Act. Te Whatu Ora expect to make these payments in mid to late 2024.

Current employees will receive and, in some cases have already received their payments, however, if you have changed roles or workplaces you may also be entitled to these payments and should register.

Do you need to register?

If you have worked at one of the Districts or Hospitals for many years, it is highly likely that you have changed jobs or moved departments. These will be considered former roles. You would have received a final payment for your former role when this change occurred. Examples where you should register include:

“I used to be a nurse in A&E, and received a termination pay when I left that position. I then started as a Clinical Nurse Specialist on the Cardiac Unit.”
“I resigned and left health and now I’m back working for Te Whatu Ora.”
“I worked in a permanent position and when I changed roles, I received a termination payment before taking up a casual role.”
“I resigned from a multi job role.”

How to register:

Visit: www.remediate.tewhatuora.govt.nz
You will need: your employee number, an email address, and your Inland Revenue number.
Fill out the registration form and complete any questions. Te Whatu Ora can then check your details.
Check your email for the verification code (check your junk mail!)
Wait to hear from Te Whatu Ora about any payment owed to you.

FAQs:

Who does this apply to:

Current employees who are ‘former’ employees because they previously worked in a different part of Te Whatu Ora, or because they previously worked in their current location but in a different role and their employee record was ‘terminated’ in the payroll system
Former employees who worked for a District Health Board or Te Whatu Ora after 1 May 2010.
Those acting for former employees where the former employee is deceased or are incapacitated and unable to act for themselves.

When will former employees receive payment?

Payments to former employees will start next year, with most payments being made in 2024.

Why do the payment dates vary?

Payment dates vary for each payroll because of the different complexities being worked through by each project team. The projects are also being sequenced so that we manage the work required and the risk associated with changing payroll systems.

Why are Te Whatu Ora getting ready to remediate former employees when so many current employees haven’t yet been paid?

Each project team will remediate current employees first, then former employees.

Why aren’t current employees being paid out for all of their previous Te Whatu Ora work at one time?

The former District Health Boards and shared services agencies that formed Te Whatu Ora operated separate payroll systems, and project teams are working to rectify each system. Payment dates vary because of the different complexities being worked through by each team.

Remediation documents and timeframes

Each District has its own programme and timeframe for making any remediation payments. These are the currently expected remediation dates.

Payroll system	Likely date of payment
Auckland	28 July 2023
Waitematā Counties Manukau Health Alliance Health Partnerships Health Source Northern Region Alliance	23 September 2023
Southern Taranaki Whanganui	October 2023
Hawke's Bay Lakes Midcentral Tairāwhiti	November 2023
Bay of Plenty Canterbury West Coast Northland Waikato	December 2023
Nelson Marlborough South Canterbury Wellington – Capital, Coast and Hutt Valley Wairarapa	2024

Auckland District remediation

On Thursday night 27 July, employees in the Te Toka Tomai Auckland Metro (Auckland District), will receive any remediation payments into their bank accounts. These payments relate to a 13-year period (from 1 May 2010) and at this stage covers current employees. Former employees will be part of a process which is expected to be available on 20 August. More information can be found by logging into the Holiday Remediation portal on Hippo, where you can also send any questions to the Employee Support Centre. Booths are being set up from 28 July around the hospitals covered under Auckland and there are booths by IRD and MSD in Auckland City Hospital and Greenlane.