Equal Pay Act 1972

Pay equity claims - Settling pay equity claim

13ZJ: Remedies for unfair bargaining

You could also call this:

"What happens if an employer doesn't bargain fairly with you"

If you think an employer has not bargained fairly under section 13ZI, the Authority can take action. The Authority can make the employer pay you a sum of money as compensation. The Authority can also cancel or change the pay equity claim settlement. The Authority can make other orders if they think it is necessary. When making some orders, the Authority must follow the rules in section 164 of the Employment Relations Act 2000. You can find more information about this in the Employment Relations Act.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS427337.


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13ZI: Unfair bargaining for pay equity claim settlement, or

"Unfair treatment when settling a pay equity claim on your own"


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13ZK: Copy of pay equity claim settlement to be delivered to chief executive, or

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Part 4Pay equity claims
Settling pay equity claim

13ZJRemedies for unfair bargaining

  1. If an employer or employer’s representative is found to have bargained unfairly under section 13ZI, the Authority may do 1 or more of the following things:

  2. make an order that the employer pay to the employee such sum, by way of compensation, as the Authority thinks fit:
    1. make an order cancelling or varying the pay equity claim settlement:
      1. make such other order as it thinks fit in the circumstances.
        1. The Authority must not make an order under subsection (1)(b) unless the requirements in section 164 of the Employment Relations Act 2000 have been met, and that section applies accordingly with all necessary modifications.

        Compare
        Notes
        • Section 13ZJ: inserted, on , by section 18 of the Equal Pay Amendment Act 2020 (2020 No 45).