• EQUINET European Network of Equality Bodies 2016 Guide on How to Build an Equal Pay Case – www.equineteurope.org/IMG/pdf/handbook_on_equal_pay_-_electronic_version-2.pdf WHEREAS the Irish Human Rights and Equality Commission (`the Commission`) has prepared the draft Code of Conduct on Equal Pay; • Equality in the Workplace: Ireland, Europe and Beyond, Irish Congress of Trade Unions, available at 9 www.ictu.ie/download/pdf/equality_in_the_workplace.pdf. Ireland`s Equal Pay Act is based on European Union (EU) law. As a Member State, Ireland is obliged to transpose the relevant directives3 and to follow the judgments of the Court of Justice of the European Union (CJEU). 77 Quantitative or factor evaluation seems to be the most appropriate model for equality assessments. This includes assessing jobs on a factor by factor basis (e.g. functional knowledge, training and experience, level of reporting and responsibility, etc.) and the allocation of points to each factor. 87. The EEA does not provide for a time limit for equal pay claims, so that the six-year limitation period for offences provided for by the 1957 limitation period is the reasonable period. An application for equal pay must be made within six years of the unequal pay.

Despite these long-standing legal prohibitions on pay discrimination, it appears that the rates of pay for men and women doing the same work still differ considerably. A recent EU survey showed that only 26% of Europeans are aware of the legal guarantee of equal pay for equal work in their country. Nevertheless, the survey showed that a clear majority is aware of the gender pay gap: 69% of Europeans believe that women are paid less than men. According to the Central Statistics Office, the gender pay gap in Ireland was 17% in 2008. In 2016, the gender pay gap in Ireland narrowed to 13.9%. Across the EU, women earned on average 14.1% less than men in 2018, with large differences between EU countries. However, the gender pay gap of 13.9% remains high by objective standards. In this context, the government introduced the Gender Pay Gap Information Bill, 2019. b) in the case of remuneration, name(s), professional title(s), etc. the person(s) with whom you believe you are doing similar work (i.e. , similar work or work of equal value). 81.

The CMR is now the main body for dealing with employment complaints. It was established under the Workplace Relations Act 2015 and took over the functions previously performed by the Equality Tribunal, the Labour Relations Board and the Employment Appeal Tribunal. Equal pay claims based on both gender and gender will be heard at first instance by the PRC and the Labour Court on appeal. Only with regard to applications for equal pay on grounds of sex do applicants also have the alternative possibility of bringing cases before the Circuit Court84. Both the CMR and the Labour Court act as quasi-judicial bodies to deal with equality claims. 8. The right to equal pay for similar work means that a person covered by the legislation who performs identical, similar or equivalent work or equivalent work to another person employed by the same or a related employer and who differs in one of the protected grounds is entitled to the same remuneration as that other; This person cannot be paid less for any of the nine prohibited reasons.2 Decisions made by a WRC referee may be appealed to the Circuit Court for tie cases. Appeals must be lodged within 42 days of the decision being rendered.

65. Seniority is not a general defence or justification for unequal pay. The CJEU65 concluded that if seniority leads to differences in pay between men and women, the criterion does not have to be justified by an employer, since the seniority criterion is “generally” appropriate to reward experience that allows better performance. However, the CJEU also concluded that justification is necessary when an employee “presents evidence that raises serious doubts” that this is indeed the case.66 Equal pay: The Employment Equality Act provides for equal pay for similar work. Similar work is defined as equal, similar or work of equal value. This is one of the conditions that must be part of the employment contract due to the laws passed by the Dáil. An application for equal pay can be made on any of the 9 grounds listed above. (d) did not treat me equally in accordance with an equality clause in my employment contract; Introduction of equal pay following a salary review or successful application 6 See, for example, Chicha, Marie-Thérèse, “Promoting Equity: Gender Neutral job evaluation for equal pay: A step-by-step guide”, ILO, 2008, and Gender Pay Equity, Fair Work Ombudsman, Australia (2012). The code states that you must file a complaint if you believe you are not receiving the same salary for your similar work.

This should be done internally, before eventually going to the Industrial Relations Board or the courts. For more information on “Demanding equal pay”, see below. 15. The EEA defines `employer` as the person with whom the employee has concluded a contract of employment11. The legal provisions on equal pay for equal work apply to all employers, regardless of their size. However, the way in which employers fulfil their obligations to avoid pay discrimination may vary in practice depending on the size of the organisation. 3 The main directives in the field of equal pay are: Framework Directive 2000/78/EC on equal treatment in employment and occupation, which prohibits discrimination in employment and occupation on the grounds of religion, disability, age and sexual orientation; Directive 2000/43/EC on equal treatment between persons irrespective of race, which prohibits discrimination on grounds of racial or ethnic origin in employment and other areas; and Council Directive 2006/54/EC, the “recast Directive”, which implements the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation. 76 See, for example: Promoting Equity: Gender Neutral Job Evaluation for equal pay: a step-by-step guide, ILO (2008); Equity at Work: An Approach to Gender-Neutral Job Evaluation, Public Services, New Zealand; Gender Pay Reviews, IBEC (2013); Negotiating for Equality – Gender and Pay Toolkit, ICTU (2003); Handbook on Equal Pay, Australian Human Rights Commission (1998); Gender Pay Equity, Fair Work Ombudsman of Australia (2012). 34. A person performs “similar work” if that work is identical, similar or equivalent to that of the comparator.30 If you feel that you are not receiving equal pay for your “similar work”, you should first discuss the matter informally with management via the internal grievance procedure.

37 Under the law, complainants and comparators must be employed by an institution which is responsible for the pay gap and which is therefore able, where appropriate, to remedy that inequality. This is what developing case law describes as the “single source” that is effectively responsible for inequality and can restore equal treatment. 29. Although pensions constitute `pay` and are covered by the principle of equal pay as set out in EU law and the case-law of the CJEU, they are expressly excluded from the EEA26; Equal pensions are governed by separate pension laws.27 1. The Irish Human Rights and Equality Commission (IHREC) is an independent public body whose mission is to protect and promote human rights and equality in Ireland1. IHREC was established in 2014 and took over the functions of the former Equality Authority and the former Irish Human Rights Commission. It has extensive powers, including the drawing up of codes of conduct to promote equal opportunities in the workplace and eliminate discrimination. The right to equal pay is one of the conditions that must be part of the employment contract. 58 – In Kenny & Ors v Minister for Justice, Equality and Law Reform, Minister for Finance, Commissioner of An Garda Síochána (Case 427/11, ECJ), an action for equal pay brought by women in civil service in An Garda Síochána, the Court held: 71.

This section of the Code provides guidance to help employers identify and eliminate wage inequality. A “salary review” or “salary review” are terms commonly used to describe an organization`s investigation of its compensation practices, often leading to reform of these practices; This code uses the term “wage revision”71. The law does not oblige employers to carry out such wage checks, the minimum legal requirement is the elimination of illegal wage inequality. However, a wage review – which includes a rational and objective model for evaluating jobs as part of the process – is the most effective way to achieve equal pay. A comprehensive strategy to eliminate inequities and ensure pay transparency will promote true pay equity in a company. It is obvious that this must be done in accordance with the employer`s data protection obligations. In addition, the manner in which an employer can conduct a salary review must be appropriate to its size and resources. (c) the work performed by one is equivalent to the work performed by the other, taking into account skills, physical or mental demands, responsibilities and working conditions. » 83.