'Go back to your f***** up country': security guard wins $3k payout

The worker was employed as a security guard for HD Security Services last year. Photo / 123RF

An Auckland security guard told to go back to his "f*** up country" by a manager has won a $3250 payout.

The Auckland man is also due a further $540 in unpaid wages.

Enayet Uddin was employed by HD Security Services last year, although he had no fixed hours and only worked when required.

He paid $250 for a uniform, which he was allowed to keep.

He worked about 25 hours last November and December and was told by HD Security Services' manager Sean Michaels if the client was happy then Uddin would be offered a job as an operations manager.

Uddin, according to a recent Employment Relations Authority decision, tried to meet with Michaels several times to discuss the position but the appointments were cancelled and the manager refused to reveal the location of the company's office.

Uddin was emailed a blank employment agreement for the job but was reluctant to sign it as he hadn't received the uniform he paid for yet and was still owed wages.

Uddin got in touch with a company director and visited her home and was given a cheque that subsequently bounced.

He began texting Michaels seeking payment and said he wished to take legal action.
Michaels, according to the ERA, became aggressive and told him to "f** off".

"See you in court. Go back to your f*** up country a**hole. Thank God I didn't take you to meet my main clients. No wonder Bangladesh is f***** up with people like you," Michaels texted Uddin.

When Uddin emailed Michaels telling him he intended to take ERA action, the manager replied:

"To be clear, I'm not trying to stop you from laying a complaint to employment authorities. Please do. I'm not scared of those f***wits. Show them this text."

Uddin took a case against HD Security Services, which did not appear before the ERA.

ERA member Tania Tetitaha ordered HD Security to pay Uddin $540 in unpaid wages.

Tetitaha found Uddin had been unjustifiably disadvantaged at work by the company's actions when it failed to provide a uniform and by the "aggressive behaviour" of Michaels.

Uddin sought $2000 in compensation for hurt and humiliation and was awarded that amount as well as $250 for the uniform.

"Given the proven behaviour of the respondent manager, I am satisfied it is more than appropriate to award that amount. Mr Uddin gave evidence of his hurt and humiliation upon receipt of the text messages. He has also suffered actual losses by the non-provision of the uniform," Tetitaha said.

The company was also ordered to pay a $1000 penalty, which Tetitaha said Uddin should get.