For the purposes of section 103(1)(ja), an employer engages in adverse conduct for a remuneration disclosure reason if the employer or a representative of the employer, for a remuneration disclosure reason,—

(a)

dismisses an employee; or

(b)

refuses or omits to offer or afford to the employee the same terms of employment, conditions of work, fringe benefits, or opportunities for training, promotion, and transfer as are made available to other employees of the same or substantially similar qualifications, experience, or skills employed in the same or substantially similar circumstances; or

(c)

subjects the employee to any detriment in circumstances in which other employees employed by the employer in work of that description are not or would not be subjected to such detriment; or

(d)

retires the employee, or requires or causes the employee to retire or resign.

(2)

For the purposes of subsection (1), conduct described in that subsection is engaged in for a remuneration disclosure reason if it is engaged in because—

(a)

an employee discusses their remuneration with any other person, whether or not that includes disclosing their remuneration to that person; or

(b)

an employee inquires into the remuneration of another employee, whether or not that other employee discusses or discloses their remuneration to the employee inquiring; or

(c)

an employee—

(i)

participates in a discussion with the employee referred to in paragraph (a) about that employee’s remuneration; or

(ii)

receives an inquiry about their remuneration from the employee referred to in paragraph (b).

(3)

An employer may be found to have engaged in adverse conduct for a remuneration disclosure reason only if the remuneration disclosure reason was a substantial reason for the conduct.

(4)

For the purposes of subsection (3), a remuneration disclosure reason is presumed to be a substantial reason for the conduct unless the employer proves, on the balance of probabilities, that the reason was not a substantial reason for the conduct.

(5)

To avoid doubt, an employer also engages in adverse conduct if the employer or a representative of the employer, in relation to the employee,—

(a)

organises to take any action referred to in subsection (1) or threatens to organise or take that action; or

(b)

requests, instructs, induces, encourages, authorises, or assists another person to engage in adverse conduct for a remuneration disclosure reason.

(6)

In this section,—

detriment includes anything that has a detrimental effect on the employee’s employment, job performance, or job satisfaction

remuneration—

(a)

includes any of the following:

(i)

salary or wages (including payment for overtime and penal rates):

(ii)

allowances:

(iii)

productivity-based, bonus, or incentive payments (including commission):

(iv)

any employer contribution to a superannuation scheme for the benefit of the employee:

(v)

any other type of payment for work; but

(b)

does not include any payment or other benefit received by the employee as an owner of the business.

(7)

This section does not require an employee to discuss their remuneration with, or disclose their remuneration to, any other person.

6 Section 111 amended (Definitions relating to personal grievances)

(1)

In section 111, after “adverse conduct for prohibited health and safety reason,”, insert “adverse conduct for remuneration disclosure reason,”.

(2)

In section 111, after “110A,”, insert “110AB,”.

Part 2 Further amendment to principal Act

7 Schedule 1AA amended

In Schedule 1AA,—

(a)

insert the Part set out in the Schedule of this Act as the last Part; and

(b)

make all necessary consequential amendments.

Schedule New Part 8 inserted into Schedule 1AA

s 7

Part 8 Provisions relating to Employment Relations (Employee Remuneration Disclosure) Amendment Act 2025

24 Interpretation

In this Part,—

2025 amendment Act means the Employment Relations (Employee Remuneration Disclosure) Amendment Act 2025

commencement date means the commencement of the 2025 amendment Act.

25 Application of sections 103(1)(ja), 110AB, and 111

Sections 103(1)(ja), 110AB, and 111 (as amended by the 2025 amendment Act) apply to an employer’s conduct on or after the commencement date in relation to an act by an employee described in section 110AB(2) that occurs before the commencement date.

Legislative history

20 March 2024		Introduction (Bill 32–1)
6 November 2024		First reading and referral to Education and Workforce Committee
20 May 2025		Reported from Education and Workforce Committee (Bill 32–2)
16 July 2025		Second reading
30 July 2025		Committee of the whole House
20 August 2025		Third reading
26 August 2025		Royal assent

This Act is administered by the Ministry of Business, Innovation, and Employment.

Employment Relations (Employee Remuneration Disclosure) Amendment Act 2025