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Equal Pay Act 1972

Pay equity claims - New employer decision about work covered by claim

13ZEB: New decision about same or substantially similar work

You could also call this:

"Changing your mind about employees doing similar work"

If you are an employer, you can decide that the employees in a pay equity claim do not all do the same or similar work. You can make this decision even if you previously thought they did do the same or similar work, as stated in section 13PB.

You cannot make this decision if the Authority has already decided that all the employees do the same or similar work, as stated in section 13ZY.

If you make this decision, you must tell the claimant why you made it and what it means for the claim. You must also explain what the claimant can do next, such as asking for more information, going to mediation under section 13ZO, or asking the Authority to help under sections 13ZP to 13ZX if certain conditions are met.

The claimant can also apply to the Authority under section 13ZY for a decision on your decision.

If you give notice of your decision, it stops the pay equity claim, but the claimant can still ask the Authority for a decision or raise a new claim that meets the rules in section 13DA.

If you and the claimant agree to reverse your decision, the claim is no longer stopped.

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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=LMS1440052.

Topics:
Work and jobs > Worker rightsRights and equality > Anti-discrimination
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Part 4Pay equity claims
New employer decision about work covered by claim

13ZEBNew decision about same or substantially similar work

  1. An employer who is making an assessment under section 13ZD of a pay equity claim raised by 1 or more unions on behalf of 2 or more of the employer’s employees may decide that, in the employer’s view, the employees covered by the claim do not all perform work that is the same or substantially similar.

  2. An employer—

  3. may make a decision under subsection (1) even if the employer decided under section 13PB that, in the employer’s view, all of the employees covered by the claim perform work that is the same or substantially similar; but
    1. may not make a decision under subsection (1) if the Authority has determined under section 13ZY that all of the employees covered by the claim perform work that is the same or substantially similar.

      1. An employer who makes a decision under subsection (1) 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 (5); 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. The employer may give notice under this section—

                  3. at any time before the assessment under section 13ZD is completed; but
                    1. once only.

                      1. A notice under subsection (3) 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—

                      2. 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 13ZEB: inserted, on , by section 29 of the Equal Pay Amendment Act 2025 (2025 No 21).