Technician wrongly dismissed: ERA

A hi-tech security expert bugged his workplace believing his managers wanted him out, but the secret recordings ended up getting him sacked.

Garry Curnow worked as a service technician at Advanced Security Group (ASG), which provides CCTV, access control and intruder-detection systems for government and private sector clients throughout Aotearoa.

He sent the audio files and a document – which he claimed were evidence he was being constructively dismissed – to ASG general manager Hayden George, but he was summarily dismissed for covertly recording co-worker conversations in the workplace when he was not present.

An Employment Relations Authority (ERA) hearing found he was unjustifiably dismissed and ASG was ordered to pay him almost $30,000.

Curnow joined ASG’s Christchurch office in April 2018.

In November 2019, he relocated to Marlborough to be closer to family and joined the firm’s Nelson office, ‘‘hoping to get more involved in the sales side of the business’’.

However, he found it ‘‘to be a difficult working environment’’ and was told ‘‘no sales work would be made available to him’’.

He became aware of ‘‘tension’’ between the Nelson manager and co-workers, and ASG witnesses accepted staff conflict pre-dated Curnow’s arrival.

The Nelson manager later resigned and was replaced by a team leader, who Curnow had a negative relationship with.

Curnow offered his resignation, but the team leader ‘‘reassured him no grudge existed’’ and he decided to stay.

On May 22, 2020, Curnow had a verbal exchange with the team leader, who he perceived was trying to manage him out of the business. On May 28, he was suspended with pay and ‘‘with immediate effect’’, due to allegations of serious misconduct.

The following day, a co-worker alleged Curnow had been recording conversations between colleagues at team meetings and ‘‘in personal interchanges with his team leader’’.

A meeting was held on June 2 and Curnow was warned ‘‘he may be facing termination of his employment’’.

During the meeting, Curnow disclosed he had recorded a conversation with his team leader. That evening he sent George two audio recordings, 13 references and a document setting out a claim he was being constructively dismissed.

After seeking legal advice about the recordings – including from police – ASG determined ‘‘the sole issue was now one of a significant trust and confidence breach’’.

The decision was reached not to continue with the disciplinary investigation that was already under way and on June 4 Curnow was dismissed.

Curnow raised a personal grievance on August 13, 2020, alleging an unjustified dismissal on both procedural and substantive grounds, and claiming an unlawful deduction from his final pay to reimburse training costs.

ASG denied the grievance’s validity, saying Curnow’s dismissal ‘‘was carried out in a procedurally fair manner following an investigation that confirmed his conduct to be sufficiently serious to warrant summary dismissal’’.

The issue was investigated by the ERA on June 16 this year and a decision was reached on August 3.

ERA member David Beck said the content of the recordings ‘‘had no bearing’’ on the decision to dismiss Curnow.

‘‘It is only the fact the recordings were made covertly that is relevant,’’ he said.

Beck concluded that Curnow’s suspension ‘‘was not enacted in a procedurally fair manner’’.

‘‘I find the suspension was predetermined and ASG has not made out any substantive reasons for suspending Mr Curnow.

‘‘I find, overall, that the standard of the investigations fell woefully short of procedural fairness and the defects were not minor and resulted in Mr Curnow being treated unfairly.’’

Beck stressed that the ERA’s finding ‘‘should not be taken as condoning Curnow’s actions in covertly recording conversations he was not participating in’’.

ASG was ordered to pay Curnow $17,160 in lost wages; $1372.80 in holiday pay, $514.80 employer KiwiSaver contribution, $9800 in compensation and $1123 for the unlawful deduction from his final pay.