The union for public servants is taking legal action against the government to stop its restrictions on working from home, and has filed a claim with the Employment Relations Authority.
The Public Service Commission is consulting unions and government agencies on new flexible working guidelines, following the Public Service Minister's return-to-office directive.
In September, Minister Nicola Willis told department bosses she wanted to see more people back in the office; that working from home was not an entitlement and should be by agreement only.
However, the Public Service Association said the directive violated agreed upon flexible working principles and on Tuesday filed legal proceedings with the Employment Relations Authority.
PSA acting national secretary Fleur Fitzsimons said the government cannot simply require public servants stop working from home.
"We have enforceable agreements that public agencies normalise flexible working arrangements."
She said the 2018 Gender Pay Principles - and its follow up agreement in 2020, the Flexible-Work-by-Default Guidelines- aimed to end gender inequality and normalise flexible work practices, such as working from home.
Fitzsimons said flexible working had obvious benefits.
"It supports women, people with disabilities, and it's good for employers too.
"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.
Fitzsimons said the PSA hoped the Public Service Commission would enter into mediation, rather than lengthy legal proceedings.
In response to the legal action, Minister Willis said the Government stood by its expectations around working from home arrangements, and that it should only be allowed in circumstances where it did not compromise performance.
She said there would still be opportunities for public servants to work from home and the Public Service Commission was working with the PSA on the new guidelines.
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