Pay equity an ongoing government responsibility, legal advice finds

“The heads of government departments need to know that they are accountable for pay equity, and we are watching,” said Joanna Beresford, the facilitator of the recent Pay Equity roundtable.

A legal opinion from Helen Aikman QC, distributed at the pay and employment equity roundtable, stated that government department chief executives have a responsibility to foster pay equity as part of their good employer obligations.

Ms Aikman had been asked to review chief executives’ legal obligations to pay equity, in light of the Government’s decision in February to close the Department of Labour’s Pay and Employment Equity Unit.

She found that that while finances remain a factor in implementing pay equity and equal employment opportunity policies, they do not relieve chief executives of their good employer responsibilities.   The legal opinion said that good employer obligations remain, and are particularly strong for vulnerable groups.

“Where women in that sector have been identified as being vulnerable to pay inequities, the need for action is greater. Chief executives must take reasonable steps, based on current information, to implement those duties,” the opinion states.

Government departments can’t cherry pick amongst their obligations, Ms Aikman told the delegates. “EEO is an essential part of their business.”

The facilitator of the roundtable, Joanna Beresford, said the opinion provided a useful lever for ensuring that work on reducing the pay gaps in the public sector continued, regardless of current Government policy.

Delegates to the roundtable agreed that the State Services Commissioner be given the legal opinion, and asked to ensure that all departmental chief executives be made aware of it.