Equal Pay Act 1972

Regulations

Schedule 2: Content of notice to affected employees of pay equity claim

You could also call this:

"What to expect if someone makes a pay equity claim about your job"

If someone raises a pay equity claim about the work you do, you get a notice. The notice tells you a claim has been raised and what you can do. You can raise your own claim or join the existing one. You need to know what the claim is about and what it means for you. The notice explains your options and what happens if you join or raise your own claim.

If a union raises a claim about the work you do, you also get a notice. The notice says you are covered by the claim, even if you are not a union member. You can opt out of the union claim if you want to raise your own claim. The notice tells you how to opt out and what happens if you do.

The notice also tells you about the consequences of being covered by the union claim. If the claim is settled, it may change your work conditions and you cannot raise your own claim (see sections 2B and 13E(6)). You should get independent legal advice to understand your options and what the claim means for you.

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This page was last updated on 24 May 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS427222.

Topics:

Rights and equality > Anti-discriminationWork and jobs > Worker rights

Schedule 1: Transitional, savings, and related provisions, or

"Special rules for equal pay claims that were already started or settled when the law changed"

2Content of notice to affected employees of pay equity claim Empowered by ss 13U(3)(a), 13V(3)(a), 13ZA(3)

Part 1Claim raised by individual employee

A notice to an affected employee under section 13U(1) (which relates to a claim raised by an individual employee) must include the following:

A statement that a pay equity claim has been raised by a claimant in respect of work that is the same as, or substantially similar to, the work performed by the affected employee.

An explanation of the steps that the affected employee may take to raise their own pay equity claim.

A statement that,—

if the employer settles the claim with the claimant, the employer may offer the benefit of the settlement to the affected employee; and
if the employee accepts an offer of the benefit of the settlement, they will be barred from raising their own claim (see sections 2B and 13E(6)); and
if the employee declines the offer of the benefit of the settlement, they will retain the right to raise their own claim.

Part 2Claim raised by union or unions

A notice to an affected employee under section 13V(1) (which relates to a claim raised by 1 or more unions) must include the following:

A statement that a pay equity claim has been raised by the union or unions in respect of work that is the same as, or substantially similar to, the work performed by the affected employee.

A statement that the employee is covered by the union-raised claim, even if the employee is not a union member, unless,—

before receiving the notice, the employee had already raised or settled a pay equity claim with the employer, or accepted an offer of the benefit of a pay equity settlement from the employer, in respect of the work; or
the employee is barred from raising a pay equity claim under section 2B; or
the employee opts out, by giving notice in writing under section 13Y.

A statement that, if the employee does not opt out of the union-raised claim within 20 working days after the date of the notice, the employer will provide the employee’s name and contact details for the provision of written information to the union or unions.

The date before which the employee must give notice opting out in order to prevent their name and contact details for the provision of written information being provided to the union or unions.

Advice about opting out of the union-raised claim, including,—

if the employee is not a member of the union, or 1 of the unions, how to opt out; and
if the employee is a member of the union, or 1 of the unions, that it is not possible to opt out without first cancelling membership of the union.

A statement that employees who are not members of a union that has raised the claim are not required to pay fees to the union to be covered by the union-raised claim or to have the benefit of a settlement of the claim offered to them.

An explanation of the consequences of being covered by the union-raised claim, including that, if the claim is settled,—

the settlement of the claim will apply to the employee and may result in a change to their terms and conditions of employment; and
the employee will be barred from raising their own claim (see sections 2B and 13E(6)).

A statement that if the employee has raised a claim with the employer and that claim has not been settled, the employee may—

withdraw the claim by giving notice in writing to the employer; and
join the union-raised claim by giving notice in writing to the union or unions that raised the claim.

A statement that, if the employee wants to raise their own pay equity claim, the employee must opt out of the union-raised claim before—

the claimant files an application with the Authority under section 13ZY(1)(i) for the Authority to fix remuneration; or
the final date for voting on a proposed pay equity claim settlement under section 13ZF(4)(c)(ii).

A statement that if the employee opts out of the union-raised claim, the employee must be offered the benefit of a settlement of that claim and,—

if the employee accepts the offer of the benefit of the settlement, they will be barred from raising their own claim (see sections 2B and 13E(6)):
if the employee declines the offer of the benefit of the settlement, they will retain the right to raise their own claim.