Gender Pay Equity Claims.

The pay equity claim process consists of three main components:

• Raising a claim – includes a claim being raised and the work described, the employer forming a view on arguability, and notifying affected employees and relevant unions.
• Assessing the claim – includes assessing the work and remuneration of the claimants and agreed comparator groups using a 'gender-neutral job evaluation tool. Conclusions about undervaluation based on data and evidence collected.
• Settling the claim – includes negotiating and ratification of the proposed settlement by all those covered by the claim. Conclusion of the pay equity claim includes the implementation process and agreed approach for reviewing and maintaining pay equity.

As part of analysing a claim, parties use a work assessment tool that is designed to be gender-neutral, capturing all relevant information about jobs, including skills, knowledge, responsibility and working conditions of the female-dominated occupational role and of male comparator roles.

Gender Equity job evaluation tools consider the following aspects of work:

• Skill: knowledge, problem-solving, interpersonal, physical skills.
• Responsibilities: responsibilities for leadership, resources, organisational outcomes, services to people.
• Demands: emotional, sensory and physical demands, and working conditions.

In 2021 Te Kawa Mataaho, Public Service Commission facilitated a working group of union and organisation pay equity practitioners to create Te Orowaru, a modern, fit for purpose, culturally robust work assessment toolkit for use in gender pay equity claims. More information about Te Orowaru can be found here

• The parties involved in a claim process identify potential comparator roles that have not been historically undervalued but involve related skills and experience, responsibilities, working conditions or degrees of effort to that of the claimant role.
• Comparators do not need to be from the same industry as the claimant role. They also do not have to have the exact same mix of demands and required skills. Pay equity is about comparing the value of work, even where that work is different.
• Male-dominated roles are ‘potential’ comparators until they have been assessed and found to involve elements of work that are comparable to the claimant role. The participation of the potential comparator organisations is voluntary.

• The most important source of information about your role will be gathered through interviews with workers like you. Surveys, employment agreements, job descriptions and staffing policies may also be used to support the data gathered in the interviews.
• Multiple interviews about the same role category will be moderated by a team of employer and union assessors and the level of skill, knowledge, effort, and responsibilities of your role category will be agreed.
• Quality assurance processes will be built into the process.

.

• If no undervaluation of a specific area of work is found, there will not be any pay adjustment. It may be that different levels of clerical administration or library roles (for example) achieve different pay adjustments or none at all.
• The legislation protects workers from being disadvantaged by any pay equity evaluation of their role: 13ZH Settling pay equity claim

(2) A pay equity claim settlement may also include terms and conditions of employment other than remuneration, if the parties agree, but an employer may not reduce any terms and conditions of employment of an employee who has raised a pay equity claim or who is covered by a union-raised claim for the purpose of settling that claim.

Find the Equal Pay Act (1972) here.

• The best way to make sure the true nature of your work is fully understood is to get involved in the process. Joining the TEU will mean you get regular up-dates and lots of opportunities for training and participation in the claims process /join/
• Join the pay equity reference group to guide the union claim team.
• Join the TEU branch Pay Equity Action Team group.
• Take up TEU training opportunities to understand the job evaluation process.
• If the opportunity arises to be interviewed about your work – take it.

• Please email your Human Resources/ People and Culture team at your university to query if they think your role is covered by the relevant claim, and copy in payequity@teu.ac.nz.
• The claims cover areas of work within the university sector that are the same or substantially similar to the roles set out in the claim. Your employer has determined that your role doesn't meet this requirement. We would like to know about your role so we can follow up with the employers and check that all staff who may be affected by the claim have received the right information.
• Please also note that the final scope of the settlement will not be determined until evidence about the full nature of work in the claimant work areas has been gathered.

• The claims cover areas of work within the university sector that are the same or substantially similar to the roles set out in the claim. Your employer has determined that your role meets this requirement. However, the final coverage of any settlement achieved will be based on the rigorous evaluation of data about the nature of work in the roles covered by the claim and whether they are undervalued when compared with roles that have equivalent demands but have not been traditionally underpaid due to gender.

• No, the Equal Pay (1972) Act protects workers from being disadvantaged by any pay equity evaluation of their role: Equal Pay Act (1972), 13ZH Settling pay equity claim

"(2)A pay equity claim settlement may also include terms and conditions of employment other than remuneration, if the parties agree,but an employer may not reduce any terms and conditions of employment of an employee who has raised a pay equity claim or who is covered by a union-raised claim for the purpose of settling that claim."

Find the Equal Pay Act (1972) here.

• If you are a member of TEU, PSA or TIASA you cannot opt out.
• If you aren’t a member and you opt out, we will not receive your contact details and you will not receive any further information from us.
• You will not be able to vote for or against any proposed settlement.
• You will not benefit automatically from the pay equity claim settlement.
• You will be able to raise an individual pay equity claim.

• No. If your role is deemed to be covered by the claim you should receive a letter from your new employer letting you know about the claim when you take up your role. You will have the opportunity to opt out (20 days) after which your contact details will be passed on to us so we can keep you up-to-date about the claim (see Universities NZ for more information).
• If you think your role should be covered by the claim but haven’t received a letter, please email your Human Resources/ People and Culture team at your university to query if they think your role is covered by the relevant claim, and copy in payequity@teu.ac.nz
• If a proposed settlement covers your role you will be contacted as a "proposed settlement employee" and you will be able to vote on the settlement. If you want more information about the claim please contact payequity@teu.ac.nz.