Holidays Act Remediation

Over the last few years, a number of New Zealand employers have discovered that they have been incorrectly calculating statutory leave entitlements for some of their team members.

Together with KPMG/Sentio and with the involvement of the Ministry of Business, Innovation and Employment (MBIE), we’ve now completed a review of our statutory leave calculations between 3 December 2012 and 3 December 2021.

This review has identified issues with how some of our team members’ statutory leave entitlements have been calculated and paid in the past, particularly for waged team members who have worked different hours and days on a week-by-week basis.

The issues with the payroll system have been corrected so that from 3 December 2021, statutory leave entitlements have been correctly calculated. However, we need to make sure that we back pay any current and former team members who have been underpaid statutory leave entitlements and correct the leave entitlements (balances) for current team members.

To help us do this, we’re asking all former team members to fill out an application form online so we can provide them with the information about whether they have been underpaid.

If a team member has been underpaid statutory leave entitlements, the amount of any back payments will vary depending on the circumstances – it could be nothing, a few dollars, or it could be more.

How do I find out if I am affected by this issue?

Former team members:

If you worked for Woolworths New Zealand Limited (formerly Progressive Enterprises Limited), Countdown, or any of our Group companies (excluding the franchise businesses) between 3 December 2012 and 3 December 2021, but you no longer work for us, you need to complete the online registration and submit the completed application. This is so we can provide you with information about whether you may have been affected by these issues and may potentially be entitled to a back payment.

Online Registration and Application:

Register via the online portal and submit the completed application with your details and we can then get in touch with you.

Once you complete your online registration and submit the completed application, the details provided by you will be given to our Holidays Act Remediation Project Team. Once we have received and validated your completed application, we’ll let you know the timeframe to expect your recalculation to be completed and for any back payments to be paid.

Password Management

Your personal security is very important so when creating your ‘Log In’ make sure your password:

is at least eight characters in length. Longer is better.
contains both uppercase and lowercase characters (e.g., a-z and A-Z).
contains at least one number (e.g., 0-9).
Do not use:
Easy-to-guess passwords, especially the phrase "password"
A string of numbers or letters like “1234” or “abcd”
A user’s given name, the name of a spouse or partner, or other name
It is vital to remember your password without writing it down somewhere, so choose a strong password or passphrase that you will easily remember.

Important:

Not every team member will be entitled to receive a back payment. If you register and provide the information we have requested, and we find that you are not owed a back payment, we will provide you with a one-off payment of $1 for taking the time to provide the information we have requested.

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 back payment owed to you, it is paid to the right person. We cannot make any back payment to you without this information. By supplying your personal information through the Portal you acknowledge that we may use your personal information for the Holidays Act remediation process, as well as any other remediation process we may carry out in future remediation payments. We will ask you to reconfirm your personal information if you are owed any future remediation payments.

If you wish to correct any details you have already provided through your online application, please contact us via the ‘contact us’ form in the online portal.

For further details please see the FAQs.

Frequently Asked Questions

Over the last few years, many New Zealand employers have discovered that they have been incorrectly calculating statutory leave entitlements for some of their team members.

With the involvement of MBIE, we’ve now completed a review of our statutory leave calculations from 3 December 2012 until 3 December 2021.

This has identified issues with how some of our team members’ statutory leave entitlements have been calculated and paid in the past.

These issues may affect team members employed by Woolworths New Zealand, Countdown, or any of the Group companies (excluding the franchise businesses) between 3 December 2012 and 3 December 2021, particularly waged team members who have worked different hours and days on a week-by-week basis.

Not all team members who worked during this period will be affected.

If you’re a former team member and worked for Woolworths New Zealand, Countdown or any of the Group companies (excluding franchise businesses) between 3 December 2012 and 3 December 2021, please complete the online registration and submit the completed application. We need the completed application so that we can provide you with information about whether you may have been affected by this issue. If you have been underpaid, you will be entitled to receive a back payment.

Former team members will need to complete the online registration and submit the completed application. As part of their online application, they will need to upload the following documentation:

Proof of identity: Any one of - birth certificate, passport, certificate of citizenship, NZ drivers licence - 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);
Proof of bank account: 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 remediation amount to your KiwiSaver, you must upload a completed KiwiSaver form (KS2).
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 for assistance.

The completed online application allows us to gather your current details and ensures that if you are entitled to a back 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.

If you wish to correct any details you have already provided through your online application, please contact us via the ‘contact us’ form in the online portal.

If you have worked in New Zealand you can contact the IRD to confirm your tax number. A unique tax number will have been allocated to you and you will be able to confirm what it is by contacting the

IRD.

If you do not have a current New Zealand bank account but you are entitled to receive a back payment, please contact us via the ‘contact us’ form in the online portal, and we will let you know what you need to do to get your back payment paid into an overseas bank account.

Your back payment is considered part of your earnings, which means the following deductions may apply:

PAYE & Student Loans: Deductions for withholding tax and student loans will be made based on the tax code you provided in your online application.
KiwiSaver: If you are a current member (and not on a savings suspension), you must provide a KS2 form. We'll deduct your contribution and add a 3% employer contribution on top of your assessed back payment.
Former Team Members: Tax will be deducted based on the IR330 Tax Code Declaration Form you submitted.
We recommend contacting the relevant agencies (such as IRD or Work and Income) to discuss how this payment might affect child support, benefits, or other assistance you receive.

If you participate in KiwiSaver, Woolworths New Zealand will make company KiwiSaver contributions on top of your contribution on the following basis:

3% employer contribution applies regardless of the contribution you make.
We contribute for all active KiwiSaver members and not just those aged 18-65. (Note: we would not be making any employer KiwiSaver contributions for team members who are on a savings suspension at the time of the payment (the team member wouldn't be contributing either).