Griffin’s Holidays Act Remediation Programme – Information for former employees
The application of the Holidays Act 2003 has presented challenges for companies across New Zealand with many organisations working to address issues with calculations of leave payments. The Holidays Act is a very complex piece of legislation, has been interpreted in a few different ways across companies and has varying rules and calculations for different leave types.
Given the challenges that many organisations faced, Griffin’s completed a comprehensive review of our approach to payments under the Holidays Act. This review was completed with the support of external and independent advisors Mero and PWC (Price Waterhouse Coopers). We wanted to ensure that leave has been correctly calculated and paid.
What is the situation?
The review that Griffin’s has conducted of the payroll system covering the period from 1 April 2015 through to 30 September 2023 found areas of underpayment and overpayment in calculations affecting some former employees with leave calculations relating to annual holidays, bereavement leave, alternate leave, public holidays, and sick leave.
What is Griffin’s doing to resolve this?
Griffin’s has resolved incorrect payments for current staff. We are now finalising payments for former staff. We are contacting our former employees and asking them to confirm their details and provide us with new details where applicable so that we can verify their identity and reimburse them appropriately.
Am I entitled to a payment?
A communication by postal mail has been sent to former employees, who worked for Griffin’s between 1 April 2015 through to 30 September 2023 and are due a payment. Some former employees have not yet been in touch after the mailout and we are attempting to make contact by other channels.
If you have any questions, please email HolidaysAct@griffins.co.nz, with your details and someone will get back to you.
If you have not heard from us but believe you may be eligible for a remediation payment, also email HolidaysAct@griffins.co.nz .
What if I was overpaid?
Griffin’s is not recovering any overpayments.
Information required for Griffin’s to make a payment
We need to verify the identity of former employees, including bank account details, before we can make payment.
The payment will need to be made into a New Zealand bank account.
What next?
The Griffin’s Payroll team will verify your information and contact 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.
FAQs for former employees
Remediation payment
What period does the remediation cover?
The remediation period is from 1 April 2015 through to 30 September 2023. If you were employed by Griffin’s during this time, you may be entitled to a remediation payment for incorrectly calculated leave pay.
How much will my remediation payment be?
Any remediation payment will depend on your gross earnings history and leave patterns. If you are entitled to a payment, you will receive a communication confirming the amount of the payment.
When will payments be made?
Payments will be made on a regular basis and at least at the end of each quarter subject to the number of outstanding settlements. The Griffin’s Payroll team will contact 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.
Please ensure that the required information is complete and correct to ensure that the Griffin’s Payroll team can finalise the payment as quickly as possible.
If you would prefer to opt out of the payment for any reason, please contact the Griffin’s Payroll team.
How will the payment be taxed?
Inland Revenue (IRD) legislation requires that a remediation payment be taxed as a lump sum payment. You will need to choose the lump sum tax rate you would like applied to your remediation payment. Further information about lump sum calculations can be found on the IRD factsheet available from this link: IR1046 Calculate Lump Sum Payments.
The form contains the rate options and there is more information about how to choose your rate on the Inland Revenue website.
For advice on which tax code is relevant to you, please refer to the Tax Code Declaration Form IR330.
We recommend that you contact IRD or Work and Income (WINZ) if necessary to discuss any impact your remediation payment may have on your existing benefits or child support deductions.
Will deductions or contributions affect my remediation payment?
The payment is subject to taxation (PAYE), KiwiSaver superannuation deductions and student loan repayments (if applicable) based on the information you provide to us.
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.
Will child support be deducted from my payment?
Child support will not be deducted from any payments. You may need to advise Inland Revenue that your family income has changed, and you can do this online by logging in to myIR Login from www.ird.govt.nz or by phone on 0800 227 773.
Will the payment affect my Working for Families entitlements or disability allowance?
Payments may affect Working for Families entitlement or disability allowances for the year ended 31 March 2025. For further information please refer to www.ird.govt.nz or call IRD on 0800 227 773.
Other
What if I have not been contacted?
Not all employees who worked for Griffin’s during the remediation period have been underpaid. Griffin’s will endeavour to contact former employees who are eligible for a remediation payment using the contact details on record prior to departure from Griffin’s.
Former employees who are not eligible for a remediation payment will not be contacted. If you do not hear from us but believe you may be eligible for a payment, please email the payroll team at HolidaysAct@griffins.co.nz.
Can I claim the payment on behalf of someone who has died or for whom I hold power of attorney?
Please email the Griffin’s Payroll team the details of the ‘known deceased employee’ to HolidaysAct@griffins.co.nz. The Griffin’s Payroll team will advise you on the next steps. We will need to verify your identity and that you are authorised to act on behalf of the deceased employee’s estate.
Who can I contact if I need more information?
Please be aware of potential phishing scams relating to payments
Phishing is when someone attempts to contact you by email, text or phone to try to get access to sensitive information e.g. bank account numbers and passwords.
For Griffin’s payroll remediation payments, we will never ask you for your bank account login or password. We will also communicate directly from the Griffin’s email address or publish further information via our website Griffinsfoodcompany.com
Phishing scammers may claim to be from a legitimate organisation and may use email addresses or websites that look legitimate. They may, for example, also ask you to check your details, claim some award or make a change to your account.
