A lawyer has told the Court of Appeal that the Employment Court was mistaken when it ruled there was pay discrimination in the elderly care sector.
The Employment Court found last year that low wages can be considered discriminatory against women, even if some men earn the same amount.
The Employment Court case was taken by Kristine Bartlett, an employee of Terra Nova Homes and Care, who claimed the company discriminated against her because she was a woman.
However, TerraNova's lawyer Harry Waalkens has told the Court of Appeal the Employment Court had mistakenly turned the case into one about pay equity.
He said the Employment Court was not able to consider evidence about pay in other sectors or about what other employers might pay their workers.
Mr Waalkens also referred to the cost of implementing the court's decision, to which Justice O'Regan said if legislation imposes a burden, an employer just has to "suck it up".
Before the hearing, a group of about 40 trade union members came to support Ms Bartlett. She said she had not expected so many people to come along but their presence shows how important the case is for women workers in a range of industries.
"This is the start of it and it's going to get bigger. There's all these women who are going to stand up and be strong like I've had to do to fight this case," she said.
The hearing will continue on Tuesday.
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