Formal complaint made to the United Nations over pay equity

A group reckons pay equity changes may have encouraged systemic discrimination against women, and it’s asking the United Nations (UN) to weigh in. 

Pay Equity Coalition Aotearoa (PECA) has submitted a formal complaint to the UN on the matter, marking the first anniversary of the fast-tracked Pay Equity Amendment Bill.

In May last year, the Bill cancelled out claims from more than 180,000 workers. PECA, including the Te Kāhui Tika Tangata Human Rights Commission, argues that the vast majority were women. 

Chief Executive of Rural Women New Zealand (RWNZ) Sandra Kirby is backing the complaint. 

She told rova that the women impacted by the legislation continue to show up - that they’re still waiting for fair pay in a system where the goalposts have been moved, meaning many may never get it.  

“One of the things that has made some of these roles more difficult, particularly roles like carers or school support workers, is the cost of living and fuel,” she said. 

“The difference in their pay has made the gaps even more noticeable than they were 12 months ago. So it's not a problem that's gone away.”

In a statement, Minister for Workplace Relations and Safety Brooke van Velden said the claims process was strengthened to ensure sustainability. 

“I believe we've made the law simpler and more robust. Protection for pay equity remains, and the new system is now in place with claims already in process under the new system.”

“Previously, a low threshold allowed claims to proceed without strong evidence of sex-based undervaluation and meeting that threshold did not guarantee a settlement,” she added. 

The coalition is particularly concerned about equality in employment and equal pay for work of equal value. Both are protected under the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), to which New Zealand is a signatory.

But the Minister explained the new system is based on merit from the outset, focusing on efforts on genuine cases. 

“It also clarifies comparator methodology with a hierarchy that prioritizes comparators closest to the employer. This ensures the use of the most relevant, similar roles and skills so that any undervaluation is assessed accurately.” 

Kirby said while they can’t guarantee the outcome of the complaint, enough domestic options have been exhausted. 

“We've been challenging the government, we've been asking for change. This is a way for us to get an independent international assessment against a declaration that successive New Zealand governments have signed up to,” she added. 

She’s hoping the UN’s decision will encourage the reinstatement of scrapped claims and for all future legislative change to follow the full parliamentary process, including a select committee.

The UN must assess whether the complaint is admissible. If so, it would be sent to the New Zealand Government for a response. 

Image: Sandra Kirby (provided)