Part 4Pay equity claims
Employer decisions about claims
13UEmployer must give notice of first pay equity claim that has merit raised by individual employee
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.
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.
A notice to affected employees under subsection (1) must—
- contain the information set out in Part 1 of Schedule 2; and
- state the date on which it is given; and
- be given in writing and expressed in plain language; and
- 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.
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.
A notice extending the time limit must not extend the time limit by more than 25 working days, and must—
- 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
- specify the extended date by which the employer will notify affected employees of the claim; and
- 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).