9.05.2018

Holidays Act: Help has arrived!

We are thrilled to announce that the first part of Holidays Act 2003: Guidance on annual holidays and related provisions has now been published

We all know that payroll compliance can be a nightmare. Automated systems don’t necessarily fit individual situations, employee work patterns don’t always fit the mould, and this is overlaid with a very technical area of the law. And to make matters worse; maths!

In particular, we know that many companies have had difficulty complying with the Holidays Act 2003. Numerous companies have been caught out in Ministry of Business, Innovation and Employment (MBIE) audits, including government agencies, and even MBIE itself.

Frighteningly (for us at least) many of the problems that have been identified were not difficulties with the interpretation of the law but just a misapplication of it where the law is actually quite clear. That said, there are some particularly difficult parts of the Holidays Act that require careful consideration.

Over the last year or so, Employment New Zealand (a team within MBIE) has brought together a team of professional service providers, payroll experts and other stakeholders to try and develop guidance for employers on interpreting and implementing the Holidays Act. Our very own Jim Roberts has been a part of this working group.

We are thrilled to announce that the first part of Holidays Act 2003: Guidance on annual holidays and related provisions has now been published on MBIE’s Employment website, and is available for your use.

This document deals with Annual Holiday entitlements, including what entitlements are available, when, and how to pay them. It sets out Key Messages for Employers, Employees and Professional Services Providers, and Key Steps for reducing the Risk of non-compliance.

It also has definitions of important terms in the Holidays Act, examples of scenarios throughout, and an Appendix with more detailed scenarios. If you are struggling with the beast that is compliance, and looking for detailed assistance, this will definitely help you out.

There are still issues that require advice but these have, hopefully, been reduced by the information in these guidelines.

If you identify issues, have questions, or just want to run a specific query by us, please feel free to contact us.

Do you need expert legal advice?
Contact the expert team at Hesketh Henry.
Kerry_100x100 1
Media contact - Kerry Browne
Please contact Kerry with any media enquiries and with any questions related to marketing or sponsorships on +64 9 375 8747 or via email.

Related Articles / Insights & Opinion

Getting the Deal Through: Construction 2019
Partners Nick Gillies, Helen Macfarlane and Christina Bryant are the contributing authors of the New Zealand Chapter of the 2019 edition of “Getting the Deal Through Construction”. Getting...
19.09.2018 Posted in Construction Law
UAE COMPANIES LAW UPDATE
New Zealand businesses looking to establish a foothold in the UAE have many options
10.09.2018 Posted in Trade and Commodities
When You Can’t Have it Your Way
Antares Restaurant Group Limited (which owns and operates Burger King in New Zealand) has received a whopper of a sanction – a ban on the company supporting visa applications until July next year.
4.09.2018 Posted in Employment Law
Getting the Deal Through: Shipping 2019
The Marine team at Hesketh Henry have again contributed to Getting the Deal Through: Shipping 2019.
30.08.2018 Posted in Maritime Law
A Guide to Concurrent Delay
Hesketh Henry was pleased to host the New Zealand Institute of Quantity Surveyors on 14 August 2018, where one of our construction partners, Nick Gillies, presented on concurrent delay.  The same pre...
22.08.2018 Posted in Construction Law
Update – New Zealand’s New Biofouling Standards
New Zealand has introduced a new standard requiring all vessels to have a “clean hull” on arrival in the country after 15  May 2018.[1]  The objective is to minimise the introduction of ...
21.08.2018 Posted in Maritime Law
No Longer Stumped: The Health and Safety at Work Act 2015 Sentencing Guidelines
The High Court at Auckland has released its first and much-awaited decision under the Health and Safety at Work Act 2015 (HSWA).
21.08.2018 Posted in Health & Safety Law
Send us an enquiry
For expert legal advice, please complete the form below or call us on (09) 375 8700.
  • This field is for validation purposes and should be left unchanged.