asked the Minister for Labour if he is aware that a number of female workers making claims under the Anti-Discrimination (Pay) Act, 1974, for equal pay with male co-workers, have lost their claim on the basis that their work was greater than equal in value; his views on the fairness of such rulings; if he intends to amend the Act to prevent such unjust rulings; if so, when, and if he will make a statement on the matter.
Ceisteanna-Questions. Oral Answers. - Equal Pay Rulings.
4.
I am aware that a number of claims by women for equal pay with men, brought under the Anti-Discrimination (Pay) Act, 1974, have failed on the basis that the work performed by the women in question was greater in value than that performed by the male comparitor.
The 1974 Act is specific as to the circumstances in which a woman is entitled to equal pay with a man. To be entitled to equal pay a woman must be performing like work with the male comparitor. Under the Act two persons are regarded as being employed on like work:
(a) where both perform the same work under the same or similar conditions, or where each is in every respect interchangeable with the other in relation to the work, or
(b) where the work performed by one is of a similar nature to that performed by the other and any differences between the work performed or the conditions under which it is performed by each occur only infrequently or are of small importance in relation to the work as a whole, or
(c) where the work performed by one is equal in value to that performed by the other in terms of the demands it makes in relation to such matters as skill, physical or mental effort, responsibility and working conditions.
The claims in question were pursued under the equal in value clause (c) and as the equality officer found that the work of the claimants was not equal in value but higher in value the claims were held to have failed. These findings were upheld by the Labour Court.
One of the cases was subsequently appealed to the High Court which found that the equality officer and the Labour Court were correct in construing the Statute as they did. In the course of his judgment delivered on 4 March, the judge stated it was his view that "The words used in a statute must be construed in their ordinary and natural meaning. So construed, there is no ambiguity in the expression `equal in value' and it cannot apply to the circumstances in the present case".
The Deputy will be interested to know that the judge has decided to refer to the European Court of Justice the question as to whether under EC legislation the claimants may lawfully be paid lower wages than male employees in the same place of work, though their work is of higher value. He has stayed all further proceedings pending the determination by the court of this question.
As the Deputy may be aware, a comprehensive review of the operation of the equality legislation has been carried out by my Department. The situation which has arisen in the cases referred to in the Deputy's question was one of the matters covered in the review. Proposals for the amendment of the legislation are at present being finalised in my Department and while it would not be appropriate for me to comment at this stage on the specific amendments being proposed, the Deputy may take it that this anomaly is being addressed. I hope to be in a position to introduce the amending legislation later this year.
I thank the Minister for his detailed reply. Is he aware of the substantial representation that has been made both by the ICTU and by individual trade unions in this matter which is the most notable single anomaly in the 1974 Act? Can the Minister state when the case in question will be decided by the European Court and also when he may be in a position to introduce legislation to correct this obvious anomaly so far as women are concerned.
I take the Deputy's point but the company concerned are seeking the advice of senior counsel on both sides with regard to the placing of the specific question before the European Court of Justice.
It would be better not to go into something that has been referred to the European Court.
I merely mention the matter by way of indicating that I am not in a position to say when the case might be determined. The Minister has indicated his wish to be able to introduce the necessary amending legislation before the end of this year.