Employers named in a pay equity claim

Recent pay equity claims have involved employers within the early learning education sector.

• Employers included in a claim
• What to do if you are named as an employer
• Employees covered by the ECE teacher pay equity claim
• More information

Employers included in a claim

If an employer is named in a pay equity claim, it is because they have at least 1 employee who is a member of a union who has raised the claim.

For early childhood education (ECE) employers, this would mean they have an employee who is a member of NZEI Te Riu Roa.

The union is not required by the Act to provide the names of those members. Section 15 of the Act outlines that it is unlawful to treat any employee adversely who raises or is covered by a pay equity claim.

What to do if you are named as an employer

We strongly suggest that employers who have been named in a pay equity claim seek legal advice. However, this is not mandatory.

As well as offering ongoing information and support, we will work together with the other employers throughout the claim process.

We will also provide support and oversight to any other pay equity claims in the funded education sector where we are not named as an employer.

Pay equity claims process

Employees covered by the ECE teacher pay equity claim

The ECE teacher claim raised by NZEI Te Riu Roa is a multi-employer claim that includes private and community-run centres.

All employees who work at the centres listed in this claim who are doing the same or similar work of the roles described in the claim will be covered, even if they are not a union member.

Exceptions to this are if they:

• have already raised a pay equity claim against your centre/school or the Ministry of Education
• have accepted the benefit of another pay equity claim
• have already submitted a complaint about equal pay under the Human Rights Act 1993, or have raised a personal grievance based on equal pay under the Employment Relations Act 2000
• opt out of the claim by giving written notice.

The claim itself provides a description of the work of affected employees, to help determine who is impacted by the claim.

Employee rights under the Equal Pay Act

Last reviewed: 22 February 2024 Has this been useful? Give us your feedback