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 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 pursue a claim under this Act; or

(b)

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

(c)

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

(2)

For the purposes of subsection (1)(a), an employee pursues a claim under this Act if,—

(a)

in the case of an unlawful discrimination claim, the employee makes a complaint under section 2A; and

(b)

in the case of an equal pay claim, the employee commences proceedings for recovery of remuneration under section 131 of the Employment Relations Act 2000 (as provided for in section 13(2)); and

(c)

in the case of a pay equity claim raised by an individual employee, the employee—

(i)

files an application with the Authority under section 13ZY(1)(d) for the Authority to fix remuneration; or

(ii)

settles the claim in accordance with section 13ZH(1)(a); or

(iii)

accepts an offer of the benefit of the pay equity claim settlement made under section 13ZL(4); and

(d)

in the case of a pay equity claim raised by 1 or more unions, the employee—

(i)

is covered by the union-raised claim at the time when the claimant—

(A)

files an application with the Authority under section 13ZY(1)(d) for the Authority to fix remuneration; or

(B)

settles the claim in accordance with section 13ZH(1)(a); or

(ii)

accepts an offer of the benefit of the pay equity claim settlement made under section 13ZL(2) or (5).

(3)

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.

(4)

If an employee pursues 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.

(5)

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.

(6)

If an employee 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.

Section 2B: inserted, on 6 November 2020, by section 9 of the Equal Pay Amendment Act 2020 (2020 No 45).