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MILLENNIUM HOTELS AND RESORTS NEW ZEALAND - HOLIDAYS ACT REMEDIATION PROCESS

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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.

Remediation Portal Link

How do I log into the portal?

 1. Click ‘First time logging in/reset password’.
 2. Enter your reference number then click ‘Submit’
 3. 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.
 4. 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.
 5. 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.


CONTACT NLC:

millenniumhotels@NLC.co.nz



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