Over the last few years, a number of New Zealand employers in both the private and public sector have discovered that they have been incorrectly calculating statutory leave entitlements for some of their team members.
Maxion Civil has recently gone through a review, alongside MBIE. This process has identified that some employees have been paid some of their leave entitlements incorrectly.
This review 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.
If we have notified you via email or text (using your last known details) that you're entitled to a payment, please send an email to remediation@maxioncivil.co.nz to apply.
If you are a previous employee and have not received an email, and you would like to check your calculation, please also send an email to remediation@maxioncivil.co.nz to apply.
How to apply Holidays Act Remediation check?
- Step 1. Complete the form (you can find via email or download from website)
- Step 2. Collect and scan the relevant supporting documents
- Step 3: Email form/documents to Maxion Civil
What happens next?
The Payroll team will process your request and send an email when completed.
FAQs
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What is the issue?
Problems can arise with the method used to calculate the payment owing to an employee, as there are different ways of calculating what should be paid for a specific day/week of leave or holidays.
Ordinary weekly pay, average weekly earnings, relevant daily pay and average daily pay are the calculations that are used depending on the type of leave that is taken. If the incorrect method of calculation is used it can result in an overpayment or an underpayment to an employee.
Calculations are made difficult as the Act refers to annual holidays being paid in weeks, whilst other leave types (bereavement leave, alternative holidays, public holidays and sick leave) are paid in days.
Employers will often accrue, calculate and pay holidays and leave taken in hours to allow smaller quantities of time off to be taken by an employee (i.e. half day = 4 hours).
Calculation errors can also happen when employees receive additional allowances, work regular overtime or their hours vary day-to-day or week-to-week.
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Who does this affect?
The review may include current and former employees who worked for the company during the 2020 May to 2026 May.
Not every employee will necessarily be affected or receive a payment. This will depend on each employee's work pattern, leave history, pay information and payroll records.
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How much will my payment be?
Due to earnings history and leave patterns being unique, every case has been assessed individually; therefore, each payment amount will be different.
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Does this mean I have definitely been underpaid?
No. Being included in the review does not automatically mean you have been underpaid.
The purpose of the review is to check historical payroll records and confirm whether any remediation payment is required.
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What documents do I need to make a claim?
If you are a current employee with Maxion Civil, we don't require any documentation from you in regards to any remediation payments.
For former employees, to enable us to make payment we will need the following documentation from you:
- Complete Former Employees Details Form
- Proof of Identify: passport or driver license
- Completed IR 330 form
- Completed KS 2 form (if contributing to KiwiSaver)
- Bank deposit slip or Bank account confirmation slip with your bank account number for repayment
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Will my payments impact Working for Families entitlements, or any other allowance?
Your back payment may affect your Working for Families entitlement or other allowances. Please refer to www.ird.govt.nz or call the IRD on 0800 227 773 if you need further information.
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Who do I contact for further information?
If you have any further questions or concerns please feel free to contact the payroll team on remediation@maxioncivil.co.nz.