Millennium Hotels and Resorts New Zealand – Holidays Act Remediation Process
Many organisations across New Zealand have been addressing issues with calculations of leave payment to make sure it’s compliant with the Holidays Act 2003.
Millennium Hotels and Resorts New Zealand has identified issues which have resulted in some employees receiving incorrect leave payments. We have recently undertaken remediation work to fix this issue and calculate leave entitlements current and former employees are owed.
We are now doing everything we can to pay affected people the amounts they are due.
What’s the problem?
The Holidays Act 2003 is a complex piece of legislation with varying calculations and entitlements for different leave types. It covers annual leave, bereavement leave, alternative holidays, public holidays and sick leave. Many New Zealand employers have found it challenging to apply the legislation correctly when calculating leave and as a result are going through remediation processes to resolve the issues.
What is Millennium doing to resolve this?
We have engaged independent experts who have conducted a thorough review of our payroll. The review covered the period from 10 October 2013 to 31 July 2021 and identified that some of our people received incorrect payments during this time. We have now completed recalculations and will be paying current and former employees any entitlements they are owed for this review period.
This involves contacting our former employees and asking them to provide us with their details so that we can verify their identity and reimburse them appropriately.
Following making the payments for this review period, we will undertake a piece of work to ensure all future holiday pay calculations are correct and calculate and make remediation payments for the period after 31 July 2021.
Former Employees – What You Need To Do
Former employees, who worked for Millennium between 10 October 2013 to 31 July 2021 and are due a payment, will be contacted by NLC Payroll. Millennium has contracted NLC Payroll to administer the remediation payments for former employees.
If you have received a communication from NLC with a reference number and have been directed here, please log onto their remediation portal to register your details after reading the below.
How do I log into the portal?
- Click ‘First time logging in/reset password’.
- Enter your reference number then click ‘Submit’
- On the ‘New Password’ page, answer the two security questions then click ‘Submit’. It is important to read the tips on this page to be sure you’re entering these in the right format.
- Your new password will be displayed on this page in bold. Copy your password then click ‘Login Page’ to take you back to the ‘Sign In’ page.
- Enter your reference number, then paste in your password and click ‘Sign In’.
What information do you need from me to make a payment?
We need to verify the identity of former employees, including their bank account details, before we can make payment. By logging onto the remediation portal, you’ll be led through the easy-to-follow process.
You’ll need the following information before starting:
- Your IRD number
- Tax code declaration form IR330 (see the second page of this form for advice on which tax code is relevant to you), or an IR330C if you’re self-employed / contractor
- KiwiSaver deduction form KS2 (if you are currently a KiwiSaver member)
- Your bank account details
- Reference number from the communication we sent you
- Marriage/birth/dissolution of marriage certificate if your name has changed during the period stated
- A copy of photo ID – a driver licence or passport
What happens after I register my details in the portal?
The NLC Payroll team will verify your information and get in touch with you by email to confirm the next steps. They will let you know how much your remediation payment is and when the payment will be paid.
What if I need help or can’t access the portal?
If you have any questions or can’t access the portal, please reach out to NLC by emailing millenniumhotels@NLC.co.nz with your details and someone will get back to you – please note our team cannot assist over the phone. Our FAQs below will assist you with any of the common problems you might have when logging in.
FAQs for Former Employees
How will I know if I am owed a payment?
Once we know exactly which former employees are owed payments, we will try our best to contact these former employees by last known contact details. Once done, they will be required to submit information to NLC enabling the payment to be made; this will include identification, bank account details etc.
If you are a former employee and were employed at Millennium Hotels and Resorts New Zealand at or any time after October 2013, please register your contact details via the link above.
How much will my remediation payment be?
Remediation payments will vary from person to person. The amount depends on the individual’s gross earnings history and leave patterns. You will be able to see this once you have registered your details via the portal.
What deductions or contributions will affect my remediation payment?
The remediation payment is part of your gross salary and wage earnings, so it is subject to taxation (PAYE), KiwiSaver superannuation deductions and student loan repayments (if applicable). These deductions will be based on the information provided to us via the portal.
KiwiSaver deductions will only be made if you are an existing member of this scheme. The minimum KiwiSaver employer contribution of 3% will be applied towards your remediation payment if you are a current member of KiwiSaver.
How will the remediation payment be taxed?
For tax purposes, all remediation payments have been treated as ‘extra pay’ and will attract a rate of tax relevant to extra pay. We encourage you to contact the relevant organisation, such as Inland Revenue, for advice about whether this payment affects any agreements you have with them (in relation to earnings, benefits, child support or any other matters).
When will my payment be made?
Remediation payments will be made every month as required. The NLC Payroll team will get in touch with you by email following verification of your documentation to confirm the next steps, the amount of your remediation payment and the date it will be paid. There may be a delay to your payment if some of the information you need to send is missing, incomplete or incorrect.
Will interest be paid on the amount?
No, payments will not include interest.
How will I receive my payment?
As a former employee, you will nominate the bank account you wish the payment to be paid into via the portal. It must be a New Zealand bank account.
I now live overseas. Can my remediation payment be paid into an overseas bank account?
No. If you have received a text message confirming that you are entitled to a remediation payment, you need to have the payment made into a New Zealand bank account.
What if I had multiple periods of employment with the Millenium during this time?
If you were employed multiple times from 10 October 2013, we will consolidate any payments over the remediation period into one payment.
What if I was overpaid?
While we have also made errors that have resulted in overpayments, we are not intending to recover these overpayments.
Has child support been deducted from my backpay amount (if applicable)?
Child support has not been deducted from your back payment. You may need to advise IRD that your family income has changed. You can do this at any time online through myIR or you can call IRD on 0800 227 773. The IRD website has a useful factsheet on lump sum payments, e.g. arrears payment IR1046 Getting lump sum payments.
Will my back payment affect my Working for Families entitlements or disability allowance?
Your back payment may affect your Working for Families entitlement or disability allowance for the year ended 31 March 2021. Please refer to www.ird.govt.nz or call IRD on 0800 227 773 if you need further information.
Deceased employees/power of attorney – How do I claim on behalf of someone who has died or someone for whom I hold power of attorney?
You will need to verify your identity and that you are authorised to act on behalf of the deceased employee’s estate so that NLC Payroll can validate this information.
Please email the NLC Payroll team in the below contact form the details of the ‘known deceased employee’. They will advise you on the next steps.
What if I’m a former employee but didn’t get contacted about the remediation?
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 Millennium.
It could also be that you were overpaid, and we are not seeking recovery of overpayments.