Dismissal unfair despite worker’s secret recording

A high-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 across the country.

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

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

Curnow started with ASG in Christchurch in 2018 and moved to its Nelson office the following year. However, he found it ‘‘to be a difficult working environment’’. 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 Curnow had a negative relationship with the new team leader.

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’’.

At a meeting on June 2, 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 dismissed him.

ASG then made a complaint to police. Curnow later pleaded guilty to ‘‘intentionally intercepting a private communication’’, and was discharged without conviction.

Curnow raised a personal grievance on August 13, 2020, alleging an unjustified dismissal.

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

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

Beck concluded that Curnow’s suspension was pre-determined.

‘‘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 an unlawful deduction from his final pay.