Part 4Pay equity claims
Settling pay equity claim
13ZIUnfair bargaining for pay equity claim settlement
Bargaining for a pay equity claim settlement is unfair if—
- the pay equity claim was raised by an individual employee (not by a union); and
- 1 or more of paragraphs (a) to (d) of subsection (2) apply to the employee; and
- the employer, or the employer’s representative,—
- knows of the circumstances described in the paragraph or paragraphs that apply to the employee; or
- ought to know of the circumstances in the paragraph or paragraphs that apply to the employee because the employer or the employer’s representative is aware of facts or other circumstances from which it can be reasonably inferred that the paragraph or paragraphs apply to the employee.
- knows of the circumstances described in the paragraph or paragraphs that apply to the employee; or
The circumstances are that the employee, at the time of bargaining for or entering into the pay equity claim settlement,—
- is unable to understand adequately the provisions or implications of the settlement by reason of diminished capacity due (for example) to—
- age; or
- sickness; or
- mental or educational disability; or
- a disability relating to communication; or
- emotional distress; or
- age; or
- reasonably relies on the skill, care, or advice of the employer or a person acting on the employer’s behalf; or
- is induced to enter into the settlement by oppressive means, undue influence, or duress; or
- had not been given a reasonable opportunity to seek independent advice about the agreement.
In this section, pay equity claim settlement includes a term or condition of a pay equity claim settlement.
Except as provided in this section, an employee must not challenge or question a pay equity claim settlement on the ground that it is unfair or unconscionable.
Compare
- 2000 No 24 s 68
Notes
- Section 13ZI: inserted, on , by section 18 of the Equal Pay Amendment Act 2020 (2020 No 45).