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Equal Pay Act 1972

Matters relating to equal pay claims

13: Recovery of remuneration based on equal pay

You could also call this:

"Getting the money you're owed if you're not paid equally"

If you think you should get more money because of equal pay, you can make a claim to the Employment Relations Authority. You can do this even if another law says something different, and it will be treated like a claim for wages under section 131 of the Employment Relations Act 2000. You have the right to recover any money you are owed.

If you want to recover money that you think you should have got because of equal pay, but it is more than what your employment agreement says, you can only do this if you start the process within 6 years of when the money should have been paid. The Employment Relations Authority will look at your claim. You can still recover money that you are owed under other laws.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM408080.

Topics:
Work and jobs > Worker rightsRights and equality > Anti-discrimination
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12: Further powers of Employment Relations Authority, or

"The Employment Relations Authority's extra powers to help with equal pay decisions and employment agreements."

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13A: Purpose, or

"This law helps fix unfair pay for jobs mostly done by women."

Part 3Matters relating to equal pay claims

13Recovery of remuneration based on equal pay

  1. Repealed

  2. Notwithstanding anything in any other Act, any claim for the recovery of any remuneration in excess of the amount fixed by any employment agreement and made on the ground that it is payable pursuant to the provisions of this Act may be made to the Employment Relations Authority as if it were a claim for the recovery of wages under section 131 of the Employment Relations Act 2000.

  3. Without limiting the right of any employee to recover any remuneration payable otherwise than pursuant to this Act, no proceedings for the recovery of any remuneration in excess of the amount payable under any employment agreement, being an amount claimed on the ground that that excess is payable pursuant to this Act, shall be commenced in the Employment Relations Authority for the recovery of any such remuneration that became payable more than 6 years before the date of the commencement of the proceedings.

Notes
  • Section 13(1): repealed, on , by section 17(1) of the Equal Pay Amendment Act 2020 (2020 No 45).
  • Section 13(2): replaced, on , by section 6(2) of the Equal Pay Amendment Act 1991 (1991 No 25).
  • Section 13(2): amended, on , by section 17(2) of the Equal Pay Amendment Act 2020 (2020 No 45).
  • Section 13(2): amended, on , by section 240 of the Employment Relations Act 2000 (2000 No 24).
  • Section 13(3): replaced, on , by section 6(2) of the Equal Pay Amendment Act 1991 (1991 No 25).
  • Section 13(3): amended, on , by section 17(2) of the Equal Pay Amendment Act 2020 (2020 No 45).
  • Section 13(3): amended, on , by section 240 of the Employment Relations Act 2000 (2000 No 24).