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Tuesday, June 17, 2025

New rules for producing employment agreements and proposed reform on pay equity claims - HRD America

Increased threshold for pay equity claims among amendments

BY Kelly Thompson 17 May 2025

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A recent change to the Employment Relations Act clarifies the expectations on employers to retain and provide employment agreements. Meanwhile, a Bill has been introduced into Parliament to reform the pay equity claim legislation under urgency.

Under the Employment Relations Act 2000 (the Act), employers are required to retain a copy of an employee’s individual employment agreement, or individual terms and conditions of employment.

The Act further requires employers to provide employees, on request, with a copy of the agreement or t’s & c’s, as soon as reasonably practicable. An employer who fails to comply with this requirement could be liable to a penalty imposed by the Employment Relations Authority.

On 30 March 2025, the Act was amended to explain specifically what that obligation to “retain a copy of the employment agreement or t’s and c’s’”requires. It requires employers to ensure that:

  • The employee does not hold the only copy of the agreement, individual terms and conditions of employment, or intended agreement.

  • The employer’s copy of the agreement, individual terms and conditions of employment, or intended agreement is readily accessible.

The amendment further clarifies that before a Labour Inspector can bring an action in the Authority for a penalty, it must give the employer seven working days to remedy the breach, by either producing a copy of the...



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