Equal Pay Amendment Bill

9 New section 2B inserted (Choice of proceedings)

After section 2A, insert:

2B Choice of proceedings

(1)

Where the circumstances giving rise to an unlawful discrimination claim, an equal pay claim, or a pay equity claim by an employee are such that the employee would also be entitled to make a complaint under the Human Rights Act 1993, or raise pursue a personal grievance under the Employment Relations Act 2000, the employee may take 1, but not more than 1, of the following steps:

(a)

the employee may raise a claim under this Act; or

(b)

the employee may make a complaint under the Human Rights Act 1993; or

(c)

the employee may raise apply to the Authority for resolution of a personal grievance under the Employment Relations Act 2000.

(2)

For the purposes of subsection (1)(b), an employee makes a complaint when proceedings in relation to that complaint are commenced by the complainant or the Human Rights Commission.

(3)

If an employee raises a claim under this Act, the employee may not exercise or continue to exercise any rights in relation to the subject matter of that claim that the employee may have under the Human Rights Act 1993 or under the Employment Relations Act 2000.

(4)

If an employee makes a complaint referred to in subsection (1)(b), the employee may not exercise or continue to exercise any rights in relation to the subject matter of the complaint that the employee may have under this Act or under the Employment Relations Act 2000.

(5)

If an employee raises applies to the Authority for resolution of a personal grievance under the Employment Relations Act 2000, the employee may not exercise or continue to exercise any rights in relation to the subject matter of that personal grievance that the employee may have under this Act or under the Human Rights Act 1993.