Commission intervening in landmark equal pay case

The Human Rights Commission will be intervening in a landmark equal pay case this week.

Caregiver Kristine Bartlett took her employer, Terranova Homes and Care to the Employment Relations Authority last year, arguing that her hourly wage of $14.46 was less than what would be paid to male employees with the same or similar skills. Her case was referred to the Employment Court and the Service and Food Workers Union will take it on Ms Bartlett's behalf, arguing that it is a breach of the Equal Pay Act, which states that employers may not offer unequal payment or work conditions for the same or substantially similar work for men and women.

Very few cases have been made under the Equal Pay Act since it was passed over 30 years ago, and there is disagreement as to how the legislation should be interpreted. The plaintiff is arguing for an interpretation that determines equal pay according to what men would be paid to do the same work, in terms of skills, responsibilities and conditions. The defendant is arguing for a wider interpretation that would include the above conditions but also reference any systemic undervaluation of the work derived from current , historical or ‘structural’ gender discrimination.’

The Commission is seeking to assist the Court by providing an overview of the relevant context, legal history, international obligations and relevant case law, and is arguing for a wider interpretation of the legislation.

“We’re asking the court to look at the bigger picture here” says EEO Commissioner Jackie Blue. “There are still some really strong prejudices out there about some kinds of work being less important, less skilled and less valuable than others, and we can’t pretend these aren’t related to gender. Work that resembles the unpaid care work that has traditionally been women’s responsibility continues to be undervalued, and women continue to be disadvantaged in the workforce. Any assessment of pay inequality needs to take these structural issues into account.”

The hearing will take place on 24-26 June at the Employment Court Auckland, Level 2, 41 Federal Street, cnr Federal and Wyndham Streets, 9.30am.

ENDS

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