AUCKLAND – Fastpak, an Auckland-based packaging firm, has been ordered to rectify payroll failures that resulted in the underpayment of holiday pay to employees over a period exceeding 20 years.
The ruling follows a determination by the Employment Relations Authority (ERA) that the company failed to adhere to statutory requirements regarding the calculation and payment of annual leave entitlements.
The case highlights the systemic difficulties firms face in maintaining payroll compliance within New Zealand’s regulatory environment, particularly concerning the interpretation of leave accruals for long-term staff.
Payroll Failures and ERA Findings
The ERA investigation found that Fastpak had consistently undercalculated holiday pay, a discrepancy that persisted across two decades of operations. The failure was not limited to a single pay cycle but represented a chronic oversight in the company’s internal accounting and human resources protocols, rather than an isolated technical error.
The financial impact of these errors varied across the affected workforce, depending on the length of their tenure, roster patterns, and the specific nature of their employment contracts. Long-serving and variable-hours staff are understood to be among those most exposed to miscalculations.
The authority’s findings focused on the following core failures:
- Incorrect calculation of gross earnings used to determine holiday pay, including omissions of certain allowances and overtime.
- Failure to update payroll systems to reflect legislative changes in leave entitlements and prescribed calculation methods.
- Lack of periodic internal audits or external reviews to identify and correct historical underpayments.
The company failed to ensure that employees were paid their full entitlements under the Holidays Act, leading to a significant shortfall over a prolonged period.
In its determination, the ERA stressed that ultimate responsibility for meeting statutory minimums lies with the employer, irrespective of any reliance on third-party payroll software or advisers.
Regulatory Framework and Compliance Challenges
The Fastpak ruling occurs against a backdrop of widespread corporate struggle with New Zealand’s Holidays Act 2003. Since its inception, the legislation has been criticized by business leaders and accountants for its complexity, specifically regarding the requirement to compare “ordinary weekly pay” and “average weekly earnings” when calculating leave for employees with fluctuating hours.
For firms in the packaging and logistics sector, where shift work, seasonal peaks and overtime are common, the administrative burden of calculating leave according to the Act is substantial. Many New Zealand companies have sought government intervention to simplify these rules and to clarify how historic entitlements should be corrected, in order to avoid the exact type of long-term liability seen in the Fastpak case.
The inability to maintain accurate records over 20 years suggests a failure in corporate governance and a lack of sustained oversight from payroll providers or internal financial controllers. Boards and senior executives are increasingly being urged by employment specialists to treat Holidays Act compliance as a standing risk item, rather than a back-office task to be addressed only when disputes arise.
Sector Impact and Governance
The packaging industry in Auckland serves as a critical node in the regional supply chain, supporting export and retail sectors and underpinning just-in-time delivery models. Operational stability in these firms is often tied to their ability to manage labour costs, meet tight customer timelines and maintain compliance with Employment Relations Authority standards, which set expectations for how disputes are resolved and remedies enforced.
When payroll discrepancies are uncovered over decades, they create significant balance sheet liabilities, can trigger restatements of financial accounts, and may damage employer branding within a competitive labour market. They can also prompt follow-on scrutiny from other regulators and unions, as similar patterns are sought across comparable businesses.
The current order requires Fastpak to calculate the total arrears owed to all affected employees, former and current, and issue payments to resolve the shortfall. The company will be expected to demonstrate that it has made reasonable efforts to trace ex-employees who may still be entitled to back pay.
The company is now mandated to implement a compliant payroll system, supported by regular independent checks, and provide evidence of payment to the affected staff to close the ERA proceeding. The case is likely to be watched closely by other medium-sized employers, for whom it underscores that long-running payroll errors can transition quickly from administrative oversight to a material governance and regulatory risk.

