FAQ

Holidays Act Remediation FAQ’s

McDonald’s undertook an audit of its payroll system in 2016. Anomalies in the payment of all holiday pay leave types were discovered which have been fixed with approval from the Ministry of Business, Innovation and Employment (MBIE).
Historical holiday pay for all current and prior McDonald’s employees has also been recalculated to fix where there has been underpaid holiday pay. This remediation has taken time due to the complexity of the Holidays Act, the large number of holiday pay records requiring recalculation, and three payroll systems in use across the recalculation period with both company owned restaurants and franchisee owned restaurants, all with their own individual companies. McDonald’s has also been working closely with MBIE throughout this time.

I have worked at McDonald’s, why am I not getting a payment?

Remediation covers the period from 1/11/09 to 6/12/2020. If your work period does not fall within this time, you will not be due a remediation payment.
The franchisee owner you have worked for has closed their company and therefore not covered in this remediation. Please see a full list of companies covered within this remediation below.
Your leave has been calculated correctly at the time of working at McDonald’s.

I think I should be getting more money?

Not all the restaurants I have worked at are listed on my remediation summary page?

How can I get more details on the calculations?

I am a current employee and my annual leave anniversary has now changed. Why is this?

Under the Holidays Act employees are entitled to at least four weeks annual holiday after 12 months of continuous employment. This 12 months of continuous employment is based on the pay periods you have worked and taken paid leave, and per the Holidays Act any unpaid leave greater than a week will extend the timeframe when you complete each 12 months of continuous employment.
As part of the recalculation of your annual holiday entitlement, your last 12 months of continuous employment data (or anniversary) has been recalculated to account for unpaid leave and align to the Holidays Act. Your leave anniversary date may have been shunted if you had leave without pay greater than 1 week eg. If you have 12 weeks of leave without pay your anniversary will have been shunted by 11 weeks. This means it will take 63 weeks to accrue four weeks of annual leave.

Please email myholidaypay@nz.mcd.com for any further details required. Please do not call as we would like all correspondence in writing to best be able to respond accurately.

How quickly will I get paid?

I’m aware of a teammate that use to work at the same restaurant but they unfortunately have passed away. What happens to their holiday pay underpayments?

What tax will be deducted from the payment?

All remediation payments are classed as extra pay types and are calculated based on a formula of your last four weeks of earnings at McDonald’s. If you are an ex-employee the payroll system will apply the lowest rate of 10.5% plus ACC levy which is currently 1.6% (12.1%) to your recalculated holiday pay payment. However, if you feel this rate will be too low, you can request that a higher rate is taken. Please see the IRD website for more details on the applicable rates www.ird.govt.nz

I used an incorrect IRD number when I first worked at McDonald’s. How do I know my payment is right?

I was on ACC or Parental leave while I was employed? How do I know my calculation is correct?

What was McDonald’s holiday pay recalculation approach that was used to determine remediation amounts owed?

What is offsetting?

During the recalculation of McDonalds historical holiday pay, examples were found where the holiday pay amounts paid for some records was greater than Holidays Act requirements. These are referred to as overpayments and reflect where employees have benefited from additional holiday pay amounts already paid. The portal provides you the option, by selecting "Agree", to use the value of these overpayments to offset (or reduce) the value of your total underpayments. This will provide your formal approval, per ministry of Business, Innovation and Employment requirements, to offset your under and overpayments. The value of this can be found on the portal and in your detailed statement. If you do not wish to offset the underpayments with your overpayments, select "Disagree" and your request will be shared with the owner of the store, and they will come back to you.

Companies covered within this remediation

The following companies are included in this remediation:

Restaurant	Company Name
FIVE CROSS ROADS	5X LIMITED
TE AWAMUTU	A & A ROWLAND LIMITED
OTOROHONGA	A & A ROWLAND LIMITED
TOKOROA	A & A ROWLAND LIMITED
ALBANY	AF JANBRE LIMITED
WHAKATANE	JANBRE LIMITED
MOTUEKA	ANATON MOTUEKA LIMITED
NELSON	ANATON NELSON LIMITED
TAHUNANUI	ANATON TAHUNANUI LIMITED
BOMBAY	ARCHWAYS LIMITED
DRURY	ARCHWAYS LIMITED
HUNTLY	ARCHWAYS LIMITED
MERCER	ARCHWAYS LIMITED
PAEROA	ARCHWAYS LIMITED
PUKEKOHE	ARCHWAYS LIMITED
THAMES	ARCHWAYS LIMITED
LEVIN	BAY CLERE LIMITED
BULLS	BAY CLERE LIMITED
CHRISTCHURCH AIRPORT	BIG STAR RESTAURANTS (CHRISTCHURCH AIRPORT) LIMITED
HORNBY	BIG STAR RESTAURANTS (HORNBY) LIMITED
MARSHLANDS	BIG STAR RESTAURANTS (MARSHLANDS) LIMITED
NORTHLANDS	BIG STAR RESTAURANTS (NORTHLANDS) LIMITED
THE PALMS	BIG STAR RESTAURANTS (PALMS) LIMITED
YALDHURST	BIG STAR RESTAURANTS (YALDHURST) LIMITED
OAMARU	BRACKEN ORIGINS LIMITED
PORIRUA PLAZA	CENTRAL PARK VENTURES LIMITED
MANA	CENTRAL PARK VENTURES LIMITED
PORIRUA FREESTANDER	CENTRAL PARK VENTURES LIMITED
CONSTELLATION DRIVE	CD JANBRE LIMITED
PETONE	CHRIS & LIZ BOON LIMITED
WAINUIOMATA	CHRIS & LIZ BOON LIMITED
SILVERSTREAM	CINOS HOLDINGS LIMITED
UPPER HUTT	CINOS HOLDINGS LIMITED
BULLS	CKE BULLS LIMITED
FEILDING	CKP FEILDING LIMITED
TAIHAPE	CKP TAIHAPE LIMITED
PN RANGITIKEI STREET	CLARE MINX INVESTMENTS LIMITED
LOWER HUTT	CLNS INVESTMENTS LIMITED
QUEENSGATE	CLNS INVESTMENTS LIMITED
GLEN INNES	DIGBY INVESTMENTS LIMITED
KAIAPOI	DKB KAIAPOI LIMITED
RANGIORA	DKB RANGIORA LIMITED
RAVENSWOOD	DKB RAVENSWOOD LIMITED
TOKOROA	EDCO HOLDINGS LIMITED
TAUPO	EDCO INVESTMENTS LIMITED
ALBANY FC	FC JANBRE LIMITED
PN PRINCESS ST	FITZ FAWN LIMITED
TAIHAPE	NONNIE LIMITED
NEW PLYMOUTH	FLYING HIGH HOLDINGS LIMITED
NEW PLYMOUTH FC	FLYING HIGH HOLDINGS LIMITED

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