Equal Pay Act 1972

Pay equity claims - Employer decisions about claims

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

You could also call this:

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

If you are an employer and you think a pay equity claim made by a union has merit, you must tell the employees it affects. You do this by giving them a notice that includes information set out in Part 2 of Schedule 2. The notice must be in writing, easy to understand, and given to them within 20 working days.

If you need more time to give the notice, you can extend the time limit by up to 25 working days. You must tell the union why you need more time and when you will give the notice. You do this by giving them a notice that says where you got the extra time from and the new date you will give the notice.

You cannot use this extension if section 13M applies to the claim made by another union. The notice you give to employees must have the date on it and be easy to understand. You must give the notice as soon as possible.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS427298.


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

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


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13W: Affected employees automatically covered by union claims, or

"You're automatically part of a union's pay claim if you do similar work."

Part 4Pay equity claims
Employer decisions about claims

13VEmployer must give notice of first pay equity claim that has merit raised by union

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

  2. Subsection (1) does not apply to a subsequent claim raised by another union to which section 13M applies.

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

  4. contain the information set out in Part 2 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 13V: inserted, on , by section 18 of the Equal Pay Amendment Act 2020 (2020 No 45).
                • Section 13V heading: amended, on , by section 26(1) of the Equal Pay Amendment Act 2025 (2025 No 21).
                • Section 13V(1): amended, on , by section 26(2) of the Equal Pay Amendment Act 2025 (2025 No 21).
                • Section 13V(3)(d): amended, on , by section 26(2) of the Equal Pay Amendment Act 2025 (2025 No 21).
                • Section 13V(5)(a): amended, on , by section 26(2) of the Equal Pay Amendment Act 2025 (2025 No 21).