1. What is the Holidays Act (2003)?
The Holidays Act (2003) sets out the minimum leave entitlements that must be provided to all employees in New Zealand (such as annual holidays, public holidays, sick leave, bereavement leave, alternative holidays, and family violence leave). The Act also details how payment for these leave entitlements must be calculated by employers.
A copy of the legislation can be found by clicking here
2. Why are we communicating with you?
As a result of a nationwide audit by the Ministry of Business, Industry & Employment (MBIE), a number of employers across New Zealand, including ISS, have discovered that they have been incorrectly calculating holiday pay for some of their employees.
To assist with this process, ISS engaged a reputable independent consultancy who have completed a detailed review of our holiday pay calculations. This review identified issues with how some of our employees’ holiday pay has been calculated and paid in the past. The issue primarily impacts those who work variable hours.
More details on the nationwide audit and approach undertaken by MBIE to support employers address Holidays Act non-compliance can be found by clicking here
3. What period has our payroll records been reviewed?
31 May 2015 to 19 November 2023
4. How do I know if I am impacted?
For Current ISS New Zealand Employees - we will communicate with you shortly about payments to be made late 2023
For Past (Former) ISS New Zealand Employees - we will communicate further details about this process early 2024.
5. If I am entitled to a payment, will I receive a detailed breakdown of how this has been calculated?
The method of calculation has been reviewed by MBIE, however, as the calculation is performed by a powerful computer program using massive amounts of data, it is not possible to provide each person with a detailed calculation breakdown. If you don’t think your payment is correct based on your calculations, we can arrange a more detailed review of your data with you upon request.
6. What happens if I have been overpaid?
We will not be seeking to recover historical net overpayments from current or past (former) employees.
7. What documents or evidence do past (former) ISS New Zealand employees need to provide as part of this process?
The following documentation is required to complete your application and can be submitted using the online registration here:
- Proof of identity: Any one of - birth certificate, passport, certificate of citizenship, NZ drivers licence
- Tax code and IRD number: a signed Tax Code Declaration Form (IR330). IRD Forms can be found by clicking here.
- Proof of bank account: This is any document that contains your name and bank account number. This may be a bank statement, deposit slip or screenshot of your online banking. Whichever form of evidence you choose will need to show the bank’s logo and your full account number; and
- If you wish to contribute a percentage of your payment amount to your Kiwisaver, you must upload a completed KiwiSaver form (KS2). IRD Forms can be found by clicking here.
- If you need help registering, completing the application details online and loading the documents, then you can contact us via the ‘contact us’ form in the online portal here for assistance.
More details will be provided on this process in early 2024.
8. Why do past (former) ISS New Zealand employees need to provide additional documentation?
The completed online application allows us to gather your current details and ensures that if you are entitled to a payment, it is paid to you correctly. These details include your proof of your identity, your KiwiSaver contribution, current tax rate and current bank account details.
Any personal information you provide us will be treated in accordance with the Privacy Act 2020. The information requested is part of our verification process, and to ensure that if there is a payment owed to you, it is paid to the right person. We cannot make any payment without this information.
9. Why can’t you just use the information you have on file from when former employees worked for ISS?
We need to ensure that we have the correct current details for you including your current contact details, bank account, Tax Code and Rate, and any KiwiSaver contribution. The details we hold may no longer be correct.
10. What if I can't remember specific details about my employment?
If you cannot remember specific details about your employment, such as exact dates or your employee ID, please do not worry. These details are helpful but not strictly necessary for the validation process. We use a variety of methods to confirm your identity, and providing the information to the best of your ability will still be valuable.
11. How will my payment impact my tax and other benefits?
Income tax (PAYE) will be deducted from payments in accordance with the tax code you provide to us. We encourage you to contact the relevant organisation such as the Inland Revenue Department (IRD) for advice about whether your payment affects any agreement you have with them about your current earnings, benefits, child support or any other matters.
The Inland Revenue website has useful information on the tax treatment of lump-sum payments, such as an arrears payment. You can also telephone the IRD on 0800 227 774.
12. If I am entitled to a payment, can it be paid into someone else’s bank account?
No. This payment will only be made to the bank account of the employee or past (former) employee, although a joint account is acceptable.
13. What if I don’t get contacted?
If you are a former employee and don’t get contacted, this will be because our data corrections and recalculations have determined that you received your correct entitlements while you worked for ISS. It could also be that you were overpaid, and we are not seeking recovery of overpayments.
14. Applying for a deceased person or someone you act for:
To determine if a deceased person's estate or someone you represent is eligible for a remediation payment, please email us at holidays.act@nz.issworld.com with your details and those of the individual you are representing. We will require a copy of your authorization to act on their behalf before providing any information about potential payments.
15. Who do I contact if I have a question?
Please contact holidays.act@nz.issworld.com