Overpayments and underpayments

Remediation calculations compare what was paid with what should have been paid for each instance of leave. Payments above entitlements, and underpayments, have been identified through the remediation process. We've addressed these remediation calculations as follows:

  • Payments above entitlements – these are excluded from the 52 weeks gross earnings for subsequent annual holiday calculations. We won’t be seeking recovery of overpayments.
  • Underpayments – these are included in the 52 weeks gross earnings for subsequent annual holiday payment calculations. The underpayments will be paid to both current and former employees.
  • Gross earnings – the gross earnings figures used for the remediation leave recalculations don't include amounts that are either genuine or mistaken payments above contractual or statutory entitlements. The Holidays Act 2003 remediation calculations are based on corrected gross earnings figures that align with what was due to the employee under their Employment Agreement.