PSA takes legal action to stop Govt cutting working from home arrangements

The PSA has filed a claim with the Employment Relations Authority to stop the Government restricting flexible workplace practices, including the recent directive on working from home.

"The PSA is 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," said Fleur Fitzsimons, acting National Secretary of the Public Service Association Te Pūkenga Here Tikanga Mahi.

Te Kawa Mataaho - the Public Service Commission - is consulting unions and government agencies on new flexible work practice guidelines following a directive from the Government in September to reduce the days  public service workers can work from home.

"Women make up 62 percent 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.

"The directive violates the agreements 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."

In 2018 the PSA entered in into an agreement - the Gender Pay Principles, following legal action in the Employment Court to establish principles governing work performed by women in accordance with the Equal Pay Act 1972. The follow up agreement, Flexible Work by Default, gave effect to these principles and was signed by the PSA, CTU, the State Services Commission (as it then was) and the Ministry for Women in 2020.

"The agreed Gender Pay Principles aim to end gender equality and normalise flexible work practices so for the Government to turn around and attack flexible work practices is a clear breach of these commitments.

"We are asking the Authority to enforce the agreed Gender Pay Principles and the agreed Flexible Work by Default Guidance so that we can genuinely see workplaces free from gender-based inequality.

"The Government is ignoring the fact that flexible work agreements are part and parcel of modern workplaces - our survey of members last week underlined just how important they are in improving productivity and workplace culture.

"The Government not only risks violating existing agreements, it risks taking us backwards as a country when the public sector should be showing leadership and doing more to eliminate discrimination against women and particularly Māori women."