The Public Service Association (PSA) has formally requested an investigation by the Commerce Commission into the Accident Compensation Corporation (ACC) for allegedly breaching the Fair Trading Act. The complaint stems from ACC’s job advertisements, which promised potential employees the option to work from home up to three days a week, only to later announce a reduction to two days in the office.
In October, ACC informed staff that, beginning on December 1, 2023, the requirement to be in the office would increase from two to three days a week. This announcement contradicted previous job advertisements that highlighted the flexibility of remote work as a significant benefit of employment with ACC. These advertisements ran from June 2023 until at least July 2025.
“ACC deliberately advertised flexible work arrangements to attract staff, and is now looking to break that promise,” said Fleur Fitzsimons, National Secretary for the PSA. “This is exactly the kind of misleading conduct the Fair Trading Act is designed to prevent.” Fitzsimons emphasized that many workers made significant decisions based on ACC’s advertised working conditions, such as resigning from other jobs and relocating, only to feel deceived by the subsequent policy change.
Following the PSA’s legal action with the Employment Relations Authority, ACC agreed to pause the changes and consult with staff, delaying implementation until early next year. While this decision has been welcomed, Fitzsimons expressed concerns that the proposed consultation does not address the initial misleading information provided to job applicants.
“While we welcome ACC’s decision to finally consult staff, the consultation proposal is the same and doesn’t change the fact that they misled job applicants about working conditions in the first place,” Fitzsimons stated. She reiterated the need for the Commerce Commission to investigate whether ACC violated the Fair Trading Act in its employment advertising practices.
The PSA represents approximately 1,200 ACC workers, many of whom participated in a major strike in October due to low morale following a critical internal culture review. The association is currently engaged in facilitated bargaining with ACC concerning a new collective agreement for its members.
“We hope the decision to consult workers over the remote working policy marks a turning point,” said Fitzsimons. “However, the Commerce Commission still needs to determine whether laws were broken when ACC advertised working conditions they failed to honour.”
The outcome of this investigation could have significant implications for employment practices within New Zealand, emphasizing the importance of transparency and honesty in job advertisements.
