Raising an individual pay equity claim

Learn how an individual pay equity claim can be raised or how to join a claim already raised by a union.

Level of complianceMain audienceOther

Inform

  • Education sector workforce
  • Principals and tumuaki
  • Boards of Trustees
  • Employers

If choosing to raise an individual pay equity claim, this is the process that should be followed. If you have raised a claim that is also currently underway with a union and has not been settled, you can choose to join the union claim by following the process that is also on this page.

Key information

If you work in a school, you can raise a pay equity claim by writing to the Secretary for Education.

If you work for a private school or early learning centre you can raise a claim directly with your employer e.g. centre manager.

If there is already a pay equity claim raised by a union that covers your work, you will need to opt-out of that claim before you can lodge your own. Your claim will also need to be lodged before the final date of voting on the related proposed settlement.

A claim must include the following:

  • that the claim is a pay equity claim made under the Equal Pay Act 1972
  • your name and address
  • the date you make the claim
  • your occupation, role, and a brief description of the work you carry out
  • if you have someone representing you with the claim, their name and address
  • description of how your claim meets the requirements to be an arguable pay equity claim under section 13F of the Equal Pay Act 1972.

If you have raised a pay equity claim against the Ministry or your school that is also currently underway with a union and has not been settled, you can choose to join the union pay equity claim instead by:

  • writing to your employer or the Ministry asking that your other claim is withdrawn, and
  • writing to the union asking to join their pay equity claim.

If settled, pay equity claims raised by a union will offer the benefits of the settlement to all ‘affected employees’ who opted out – that is, all people doing the same or similar work. If you accept the benefits, you cannot raise a pay equity claim. If you decline the benefits of any settlement, you will keep your right to raise a pay equity claim.

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