Part 4Pay equity claims
Facilitation
13ZRWhen Authority may accept reference
The Authority must not accept a reference for facilitation unless—
- the Authority is satisfied that facilitation may be useful to resolve the issue referred; and
- 1 or both of the grounds in subsection (2) exist.
The grounds are—
- that a party has failed to comply with the duty of good faith in section 4 of the Employment Relations Act 2000 and the failure—
- was serious and sustained; and
- has undermined the progress of the pay equity claim:
- was serious and sustained; and
- that sufficient efforts (including mediation) have failed to resolve an issue relating to the claim.
The Authority must not accept a reference for facilitation in relation to a pay equity claim for which the Authority has already acted as a facilitator unless—
- the earlier facilitation related only to one of the following issues and the subsequent reference relates to the pay equity bargaining process:
- whether the claim meets all requirements set out in section 13E:
- whether the claim has merit; or
- whether the claim meets all requirements set out in section 13E:
- the circumstances relating to the pay equity claim have changed; or
- the bargaining since the previous facilitation has been protracted.
Compare
- 2000 No 24 s 50C
Notes
- Section 13ZR: inserted, on , by section 18 of the Equal Pay Amendment Act 2020 (2020 No 45).
- Section 13ZR(3)(a): replaced, on , by section 36 of the Equal Pay Amendment Act 2025 (2025 No 21).