Why did Coda not get holiday payments right previously?
The Holidays Act is a complex piece of legislation which can be interpreted in different ways. This means many organisations, including the NZ Police and even the Ministry of Business, Innovation and Employment (MBIE) which regulates the Holidays Act, have miscalculated holiday pay.
We have reviewed our holiday pay processes with the help of an independent expert, Integrity1. This review found some issues, so we've been working hard since then to calculate the right holiday pay for our past and present team members.
We've been proactive in fixing this to make sure we comply with the Holidays Act and pay our current and former people correctly.
Are all team members entitled to a holiday pay back payment?
No, your entitlement to a back payment is dependent on the individual factors listed below
How have you calculated my back-pay?
The calculation of any backpay is complex and involves several factors including:
a. Amount of leave you have taken
b. Timing of that leave
c. Time you had been employed at Coda
d. Relevance of bonuses and extra allowances
e. Your working patterns
f. Cashing up of any leave entitlement
g. Leave taken in advance
Calculations are individualised and take all the above factors into consideration. While some people may have been underpaid, some former team members will not have been underpaid or may have been overpaid and as a result are not due backpay.
How do I know your calculations for my payment are correct?
The calculations have been made by independent financial experts who are experienced in holiday pay processes. Intergrity1 has also done a further check for us and approved the recalculation methodology used. This has been a very thorough process to make sure you are getting what you are entitled to.
What happens if I have been overpaid for annual leave?
During this recalculation, we may have identified some areas where you have been overpaid.
Where an employee has both instances of under and over payments, with your agreement we are proposing to deduct the overpayments from the underpayments.
Where an employee’s underpayments are greater than their overpayments, the payment will be the net of the under and over payments.
Where an employee’s overpayments are greater than their underpayments this will result in a net payment of $0.00 and any claim that Coda may have against you to recover the overpayments is extinguished.
Where an employee has only been overpaid Coda will not be recovering these overpayments.
When will I be paid?
Once your registration has been processed and identification verified you will receive a notification advising you of next steps and when you can expect payment if there is one owing to you.
What happens if I have been overpaid for annual leave?
To cater for the complex law, we have adjusted our system to calculate holiday pay at the highest possible rate. This means that, in some instances, current and former team members may have been overpaid for holiday pay. Where this has happened, we won't be recovering these amounts.
What happens if I need to make a claim on behalf of a former team member who has died or someone for whom I have power of attorney?
If you believe you may be entitled to a back payment on behalf of a former team member for whom you hold power of attorney or who has died, please email us at Holidays.Act@codagroup.co.nz We will need to verify your identity and confirm that you are authorised to act on behalf of the former team member or their estate.