04 October 2024
Ref: DOIA-REQ-0002681
Adrian Cuison
Email
: [FYI request #28327 email]
Tēnā koe Adrian
Thank you for your email of 10 September 2024 to the Ministry of Business, Innovation and Employment
(MBIE) requesting, under the Official Information Act 1982 (the Act), the following information:
I would like to request for the guidelines of labour inspectorates in their decision making to order /
enforce breaches on holidays act to employers and government agencies such as health NZ for
underpaying and denying staff (former and current) on their holiday pay entitlements.
I would also like to know the time frame where these breaches are permitted to continue as this has
been highlighted in 2016 by CTU, then DHBs and the labor inspector and this must be sorted in a
timely manner and just manner.
Please find enclosed the Labour Inspectorate (the Inspectorate)’s guidelines for managing a payroll case
including Holiday Act issues. Please note that soe information within the document is withheld under
section 18(a) of the Act, by virtue of section 6(c) of the Act, that making available of that information
would be likely to prejudice the maintenance of the law, including the prevention, investigation and
detection of offences, and the right to a fair trial.
I do not consider that the refusal or withholding of this information is outweighed by public interest
considerations in making the information available.
Regarding the timeframe, where the Inspectorate is actively involved in ensuring that an Enforceable
Undertaking or an Improvement Notice is complied with, then the timeframes are either as agreed to (in
the case of an Undertaking) or as required (in the case of an Improvement Notice). If an employer does
not comply within the time period, there are various next steps. In the case of a very complicated matter
where there may be continuing unforeseen complications, timeframes are often extended by
agreement. If an employer’s requests for timeframe extensions are not reasonable, and compliance
remains outstanding, the Inspectorate wil look to take enforcement action by seeking a compliance order
with the Employment Relations Authority.
Funding for a dedicated Holidays Act compliance team was disestablished from 1 July 2020. Due to
resourcing, the Inspectorate has therefore closed its involvement in the ongoing monitoring of
remediation and rectification processes that have met certain criteria. The criteria include the employer’s
progress to date, the timeframe for completion, the involvement of third-party providers to assist with
the calculations and whether or not the employer is actively engaging with employees and their
representatives.
If you wish to discuss any aspect of your request or this response, or if you require any further assistance,
please contac
t [email address].
You have the right to seek an investigation and review by the Ombudsman of this decision. Information
about how to make a complaint is available
at www.ombudsman.parliament.nz or freephone 0800 802
602.
Nāku noa, nā
Su’a Dehlia Schuster
Head of Enforcement and Compliance (Acting)
Employment Services