Home | Browse Topics | Jobs, benefits & flats | Resolving employment problems | Pay equity for women in work: Taking action on unfair pay

Jobs, benefits & flats

Pay equity for women in work: Taking action on unfair pay


What is pay equity?

“Pay equity” is about women and men getting paid the same for doing different work of equal value. This is different to “equal pay” which means getting the same pay for the same kind of work.

The idea of pay equity recognises that there are different kinds of work that are entirely or mostly done by women which get valued less than if it were done by men. Over time, this results in certain areas of work such as cleaning, administration and nursing getting paid less because it has been treated as “women’s work”. This affects anyone working in these areas (regardless of their gender), their whānau and community.

The Equal Pay Amendment Act 2020 sets out the process for women to take collective action over pay equity disputes. The new law sets out a process for negotiating a pay increase with your employer that follows pay equity principles.

Pay equity example: The TerraNova case

TerraNova Homes and Care Ltd v Service and Food Workers Union Nga Ringa Tota Inc [2014] NZSC

In 2013, the Service and Food Workers Union, filed a claim in the Employment Court against their employer, TerraNova Homes and Care Limited on behalf of a care worker.

They argued that a caregiver’s pay is less than what would be paid to a male with the same skill set in a different occupation. Their argument was workers in the rest home industry were underpaid because they were mostly women. If the rest home workers were mostly men then they would be paid more.

Their argument was heard all the way up to the Supreme Court and the courts found that the Equal Pay Act 1972 required equal pay for men and women doing different work of the same value (pay equity).

The union then went through the pay equity claim process with their employer that resulted in a pay rise for rest home workers.

What is a pay equity claim?

A pay equity claim is the process for negotiating a pay increase with your employer based on pay equity principles. The process is similar to New Zealand’s existing collective bargaining process. Collective bargaining is when workers, through their unions, negotiate with their employers to decide their terms of employment, pay, benefits, hours, leave and more.

Who can make a claim?

Equal Pay Act 1972, s 13F

An employee (or group of employees who have similar roles in the same industry) can bring a claim with the help of a union or lawyer if they believe they have an arguable claim.

A claim is arguable if:

  • it relates to work that is predominantly performed by female employees, and
  • the work is currently or historically undervalued.

If you want more information on how to make a pay equity claim, you can contact your union or get legal advice from a Community Law Centre.

What are the outcomes of a pay equity claim?

Equal Pay Act 1972, ss 13W, 13ZH

A pay equity outcome could be a pay increase, a change in any terms and conditions of employment and a pay equity review process. Or the outcome may be an agreement that pay inequality doesn’t exist. If a union was involved in the process, a settlement would apply to all employees represented by the union. The settlement will also be offered to employees who are not members of the union.

Did this answer your question?

Resolving employment problems

Where to go for more support

Community Law

www.communitylaw. org.nz

Your local Community Law Centre can provide free initial legal advice if you’re facing problems at work.

Ministry of Business, Innovation & Employment


The Employment Relations website of the Ministry of Business, Innovation & Employment has a range of information on personal grievances, mediation, the Employment Relations Authority and the Employment Court. This includes a pamphlet contained information on all those topics, called “Solving Problems at Work”.

Free phone 0800 20 90 20, for general enquiries about resolving employment problems.

Early Resolution Service


The Early Resolution Service is a service offered by the Ministry of Business, Innovation & Employment. It is a free phone-based service to help employees and employers resolve workplace issues before it becomes too serious or needs a more formal process.

For more information on the Early Resolution Service, you can fill out the form on www.employment.govt.nz or call 0800 20 90 20.

Labour inspectors

Labour inspectors monitor and enforce minimum employment conditions. To refer a problem to a labour inspector, you contact the Ministry of Business, Innovation & Employment on: Free phone 0800 20 90 20

Employment Relations Authority


If you’re unable to settle at mediation, the next step is to file your claim in the Employment Relations Authority. For more information, visit the Authority’s website.

New Zealand Council of Trade Unions, Te Kauae Kaimahi


Phone: (04) 385 1334
Email: info@nzctu.org.nz

Union members should contact their union for support in resolving problems at work.

Immigration New Zealand


Free phone: 0508 558 855
Phone: (09) 914 4100 (Auckland)
Phone: (04) 910 9915 (Wellington)

The Immigration New Zealand website has extensive information about the various types of visas and other immigration issues. There is also specific information on human trafficking and the help that’s available for people trapped in these situations.

Also available as a book

The Community Law Manual

The Manual contains over 1000 pages of easy-to-read legal info and comprehensive answers to common legal questions. From ACC to family law, health & disability, jobs, benefits & flats, Tāonga Māori, immigration and refugee law and much more, the Manual covers just about every area of community and personal life. It’s for people living in Aotearoa New Zealand (and their advocates) to help themselves.

Buy The Community Law Manual

Help the manual

We’re a small team that relies on the generosity of all our supporters. You can make a one-off donation or become a supporter by sponsoring the Manual for a community organisation near you. Every contribution helps us to continue updating and improving our legal information, year after year.

Donate Become a Supporter

Find the Answer to your Legal Question

back to top