Union takes legal action over restriction on working from home

Wednesday, 11 December 2024

Acting PSA national secretary Fleur Fitzsimons says the Government cannot breach agreements that aim to ensure women are not discriminated against.

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The Public Service Association (PSA) has filed a claim against the Government’s working from home directive, going to the Employment Relations Authority in an attempt to loosen restrictions in the public service.

Public Service Minister Nicola Willis in September asked the Public Service Commission to update its guidelines to reflect that working from home was not an entitlement.

Willis said the commission’s advice would be updated to make clear working from home must be agreed to and monitored, and she wanted more civil servants to come into their workplace every day.

Acting PSA national secretary Fleur Fitzsimons said the union was “firmly of the view that the Government is unable to do this because of existing agreements which aim to ensure women are not discriminated against”.

The PSA accused the Government of breaching an agreement “the PSA and Council of Trade Unions struck with the Government and the gender pay principles which are also contained in many collective agreements”.

“These are binding in our view, which is why we are seeking a determination from the Authority to resolve this.

Tova is joined by a chief executive and a prominent researcher to debate the pros and cons of working from home

'Women make up 62% of public service employees and many need flexible work to help them care for whānau so the Government’s recent directive to restrict working from home will really impact them.“

When Willis made the announcement, she said that carefully defined working from home arrangements could benefit workers and employers, but said “if the pendulum swings too far in favour of working from home, there are downsides for employers and employees”.

And that was before the effects on central city retailers, restaurants and cafes were considered, she said.

“Many good employers have been taking active steps to ensure their working from home policies are fit for purpose. It’s time the Government did the same.”

The ERA has the role of resolving employment relationship issues. It can investigate problems such as the interpretation of an employment agreement, whether someone is an employee and personal grievances.

It makes legally binding determinations on cases, with most decisions publicly available and it can award remedies and costs in cases, such as reimbursement of lost wages.