New Zealand Holidays Act Information for current and past MidCentral DHB employees.
Background to Holidays Act Remediation
A number of organisations throughout New Zealand have been found to be in breach of the Holidays Act. Because of this, the Labour Inspectorate is carrying out an audit on the Holidays Act 2003 and other relevant legislation.
The Inspectorate identified the 20 District Health Boards of New Zealand, and the New Zealand Blood Service, as organisations to undergo this audit. A national DHB working group has worked alongside the Inspectorate and Unions to agree upon a way forward that will be consistent across all 20 DHBs. These discussions led to a Memorandum of Understanding (MOU) being offered by the DHBs to the Inspectorate. It outlines what the DHBs will do to assess their compliance with the Holidays Act.
The Inspectorate was approached with the suggestion that the national process involve Identification, Rectification and Remediation sections. From here, the DHBs, Unions and Inspectorate worked together to agree on a guideline document to be audited against, and to develop a framework for the DHBs to follow.
MidCentral DHB is involved in this MOU, and has acknowledged that it is likely there have been breaches of the Act. A review of end-to-end payroll systems against the guideline is being undertaken to ensure they are compliant.
MidCentral DHB will carry out three process steps: Review; Rectification; and Remediation.
MidCentral DHB is reviewing its payroll system and processes to identify any breaches. This is being done under the guidance of external auditors who will provide their findings to the DHB and Unions. Their report will also be provided to the Labour Inspector from the Ministry of Business, Innovation and Employment (MBIE).
MidCentral DHB and the Unions will review each area of non-compliance and work out how to solve them. The Inspector will review the plan to ensure the DHB complies with the Act going forward.
This involves two activities:
- Remediating the system
Changes to payroll systems will be made as needed to ensure they comply with the Holidays Act.
- Paying out anything owed
MidCentral will determine if employees leave has been paid correctly for all employees employed on or since 1 May 2010. Any money owed will then be paid to current employees and ex-employees who have been in contact.
Ex-employees are encouraged to contact the DHB via the email address given below or register on the National Website (TBC) if they have been employed at a number of DHBs. The timing of any payments is unknown at this time.
Additional Information and Resources