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Key Issues - Who/How much/Payment timings

What are the payroll issues?

The issues identified relate to team members entitlements under the Holidays Act 2003, they primarily impact team members who work variable and unpredictable work patterns or regularly work above their contracted hours. In some cases, these team members may not have received correct payments and remediation needs to occur. Remediation has been calculated back to 1 April 2005, which is the date Kmart commenced using its current payroll system.

For some current team members leave balances will also require adjustments.

Who is impacted?

The issue relates to a number of past and present team members, employed between 1 April 2005 to 1 May 2018.

Not all team members employed over that time will have been affected. The issues largely related to those team members who had fluctuating work patterns, worked additional hours, or regularly worked public holidays.

Affected team members (past and present) will receive a letter from us with information about their remediation payment and how they can have it paid. Not all team members who worked during this period are affected. For many team members, holiday pay was calculated at the correct or higher rate. Anyone who had their holiday rate calculated at a higher rate will not have their leave reduced or be required to return this extra pay.

For past team members, we are using the last known contact details we have on record, if you believe you are eligible and have not been contacted, please complete the Holidays Act remediation claim form to have your remediation claim assessed.

How much will my payment be?

Everyone’s earnings history and leave patterns are different and, as such individual calculations for each team member have been completed. As a result, each payment amount is unique, and Kmart will write to each of the affected team members and advise of the amount they are owed. If you believe you are eligible and have not been contacted, please complete the Holidays Act remediation claim form or email us at holidaysactnz@kmart.com.au

When will I receive the money owed in my bank account?

Current team members will be paid in the week commencing 9th May 2019 as we already have all the necessary information to process these payments. We will automatically process your remediation payment into the bank account that your ordinary salary or wages are deposited to.Past team members will be paid as soon as possible upon receipt of your completed Holidays Act remediation claim form and necessary documentation. Depending on claim volumes it may take several weeks to process your claim.For past team members, we are using the last known contact details we have on record, if you believe you are eligible and have not been contacted, please complete the Holidays Act remediation claim form to have your remediation claim assessed.

Why were the issues not identified sooner?

The Holidays Act is a complex piece of legislation and many businesses across the New Zealand private and public sectors have identified issues relating to the payment to team members and leave accruals.Having been notified of some issues via the MBIE Audit, Kmart has embarked on a thorough investigation process to ensure all issues are identified and remediated, we have engaged a third party to complete the calculations on our behalf and continue to work closely with the Labour Inspectorate.

How do I make a Claim?

Current Team Members

Current team members do not need to complete a claim form we already have all your current details on file. We will automatically process your remediation payment into the bank account that your ordinary salary or wage is deposited to.Once the payment is complete you will receive your payslip as usual.

Past Team Members

Past team members will need to lodge a claim form. The following documentation is required to complete your claim:

  • Proof of identity: copy of birth certificate, passport, certificate of citizenship, immigration NZ visa, driver’s license or HANX 18+ card, please note if your identity document has two sides both sides must be provided;

  • Tax code and IRD number: a signed Tax Code Declaration Form (IR330); and

  • if contributing to KiwiSaver a signed IRD KiwiSaver Deduction Form (KS2)

A claim can be lodged by email by downloading the PDF Holidays Act remediation claim form, printing it, completing it and scanning or photographing the completed form along with the above supporting documents.Alternatively, you can mail your completed form and attached documentation to us at:Kmart Group NZ Holdings Att: Holidays Act Remediation P.O. Box 76-121, Manukau City Auckland New ZealandOnce your claim has been completed, and any remediation payment owed processed you will have a payslip emailed or mailed (as advised by you) to your nominated address.If you are seeking payment on behalf of a deceased team member or a past team member for whom you hold a power of attorney please contact us at holidaysactnz@kmart.com.au to discuss what information and documentation will be required.

Will I receive a detailed breakdown of how my remediation payment has been calculated?

The calculation of remediation payments is complex involving a large amount of data, and as such detailed calculation break downs will not be provided with the letter detailing the amount of your remediation payment. However, if you wish to obtain a detailed calculation this can be arranged on request.Will interest be paid on top of my remediation payment?

Will interest be paid on top of my remediation payment?

Interest will not be paid on top of the remediation payments. Kmart has been working with the MBIE inspector to ensure team members receive their payments as soon as possible since being advised of the issues. Paying interest is not a requirement of the remediation payments and Kmart has committed to remediating the issues to 1 April 2005 beyond the date required which we believe is the fairer approach for team members.

Tax, KiwiSaver and other benefit implications

How will my remediation payment affect my tax and any other benefits?

Current team members will have income tax withheld at the appropriate withholding rate for the FY19 tax year.Past team members will have withholding tax deducted in accordance with the tax code you provide to us as declared in your signed Tax Code Declaration Form (IR330).We encourage you to discuss with the relevant organisations how your remediation payment may impact child support, benefits or other such matters you may receive. If you have any concerns about this, please call us via holidaysactnz@kmart.com.au

What happens to my KiwiSaver contributions?

Current team members will have KiwiSaver contributions on their remediation payment based on your contribution set up already provided to us.Past team members are required to provide their KiwiSaver details and nominate their contribution percentage to Kmart and this will be deducted from your remediation payments and paid to your KiwiSaver account. Should no KiwiSaver nomination be made, no contributions will be made, and the payment made to you will not have KiwiSaver contributions deducted.

Will Kmart make company KiwiSaver contributions on top of my contribution?

Yes, should you make a team member contribution from your remediation payment, Kmart will also contribute. Kmart’s contribution is an added benefit above your remediation payment and will only be paid for those team members that make a team member contribution to KiwiSaver.Example: a team member elects to have 3% of their after-tax remediation payment contributed to KiwiSaver, Kmart will contribute a further 4.5% into the team members KiwiSaver.

Future reassurance

What steps have been taken to ensure my future holiday pay is correct?

Kmart has been working closely with the Labour Inspectorate and since mid-2018 changes have been made to the systems and processes Kmart utilise to pay team members leave rectifying the issues identified.Kmart will continue to work with the Labour Inspectorate to ensure our systems and processes are as strong as possible to comply with the Holidays Act.