Equal Pay Act 1972

Pay equity claims - Pay equity bargaining process

13ZEA: Employer decides no appropriate comparators available

You could also call this:

"What happens if your employer says there's no one to compare your pay to?"

If you are making a pay equity claim and your employer decides there is no one to compare you to, they must tell you why. They must also explain what this decision means and what you can do about it. You can ask for more information, go to mediation under section 13ZO, or ask the Authority to help under sections 13ZP to 13ZX if certain conditions are met.

If your employer gives you this notice, your pay equity claim will be stopped from the date they give you the notice. However, you can still try to resolve the issue with your employer, apply to the Authority for a decision, or make a new claim that meets the rules under section 13DA. If you and your employer agree to change their decision, your claim will no longer be stopped.

You have options to challenge your employer's decision, including applying to the Authority under section 13ZY for a decision on the matter, but the Authority will first check if you have tried to resolve the issue through facilitation or mediation.

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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=LMS1440047.


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13ZE: Selecting appropriate comparators, or

"Choosing someone to compare your pay with to make sure you get fair pay"


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13ZEB: New decision about same or substantially similar work, or

"Changing your mind about employees doing similar work"

Part 4Pay equity claims
Pay equity bargaining process

13ZEAEmployer decides no appropriate comparators available

  1. If the employer decides that no appropriate comparators are available for selection, the employer must give notice to the claimant that—

  2. sets out the reasons for the employer’s decision; and
    1. describes the effect of the decision as set out in subsection (2); and
      1. explains the steps that the claimant may take to challenge the employer’s decision, including advice that the claimant may—
        1. seek further details of the reasons for the employer’s decision; and
          1. refer the decision to mediation under section 13ZO; and
            1. refer the decision to the Authority for facilitation under sections 13ZP to 13ZX if 1 or both of the grounds in section 13ZR(2) exist; and
              1. apply to the Authority under section 13ZY for a determination on the decision and that, if the claimant does so, the Authority will first consider whether an attempt has been made to resolve the question by facilitation or mediation.
              2. A notice under subsection (1) has the effect of discontinuing the pay equity claim from the date on which the employer gives the notice, but the discontinuance of the claim does not prevent—

              3. the parties from agreeing to reverse the employer’s decision; or
                1. the claimant from applying to the Authority for a determination in relation to the employer’s decision; or
                  1. a new claim that complies with section 13DA from being raised.
                    1. If the parties agree to reverse the employer’s decision, the claim is no longer discontinued.

                    Notes
                    • Section 13ZEA: inserted, on , by section 29 of the Equal Pay Amendment Act 2025 (2025 No 21).