Equal Pay Act 1972

Pay equity claims - Employer decisions about claims

13U: Employer must give notice of first pay equity claim that has merit raised by individual employee

You could also call this:

"Employer must tell staff about a valid pay equity claim within 20 working days."

If you are an employer and you think an employee's pay equity claim is valid, you must tell other employees who are affected by the claim. You do not have to do this if someone has already made a similar claim to you about the same or very similar work. You must give the affected employees notice that includes the information set out in Part 1 of Schedule 2, the date you give the notice, and you must write it in plain language.

You have to give the notice as soon as possible, and no later than 20 working days after you decide the claim is valid. If you need more time, you can extend the deadline by up to 25 working days, but you must tell the employee who made the claim why you need more time. You must also tell them the new deadline for giving notice to the affected employees.

If you extend the time limit, you must do it as soon as possible and no later than 20 working days after you decide the claim is valid. You must specify the new deadline and explain why you need more time.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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=LMS427296.


Previous

13T: Employer decisions about multi-employer pay equity claim, or

"What employers must do when workers claim unfair pay in a multi-employer situation"


Next

13V: Employer must give notice of first pay equity claim that has merit raised by union, or

"Employers must tell staff about valid pay equity claims in a clear and timely notice."

Part 4Pay equity claims
Employer decisions about claims

13UEmployer must give notice of first pay equity claim that has merit raised by individual employee

  1. If an employer decides that a pay equity claim raised by an individual employee in respect of work performed by the employee has merit, the employer must give notice of that claim to each affected employee.

  2. Subsection (1) does not apply if a pay equity claim has already been raised with the employer in respect of work that is the same as, or substantially similar to, the work performed by the individual employee.

  3. A notice to affected employees under subsection (1) must—

  4. contain the information set out in Part 1 of Schedule 2; and
    1. state the date on which it is given; and
      1. be given in writing and expressed in plain language; and
        1. be given as soon as is reasonably practicable and not later than 20 working days after the date on which the employer decides that the claim has merit.
          1. Despite subsection (3)(d), the employer may, by notice to the claimant, extend the time limit for notifying affected employees if the employer has reasonable grounds for requiring the extension.

          2. A notice extending the time limit must not extend the time limit by more than 25 working days, and must—

          3. be given as soon as is reasonably practicable and not later than 20 working days after the date on which the employer decides that the claim has merit; and
            1. specify the extended date by which the employer will notify affected employees of the claim; and
              1. set out the grounds for requiring the extension.
                Notes
                • Section 13U: inserted, on , by section 18 of the Equal Pay Amendment Act 2020 (2020 No 45).
                • Section 13U heading: amended, on , by section 25(1) of the Equal Pay Amendment Act 2025 (2025 No 21).
                • Section 13U(1): amended, on , by section 25(2) of the Equal Pay Amendment Act 2025 (2025 No 21).
                • Section 13U(3)(d): amended, on , by section 25(2) of the Equal Pay Amendment Act 2025 (2025 No 21).
                • Section 13U(5)(a): amended, on , by section 25(2) of the Equal Pay Amendment Act 2025 (2025 No 21).