Firefighter who lied justifiably sacked - ERA

A firefighter who didn't tell his employer about his history of treatment for post-traumatic stress disorder was justifiably sacked, the Employment Relations Authority says.

Marc Lidiard was employed by the New Zealand Fire Service (NZFS) as a firefighter in February 2003. He resigned in January 2008.

Chief fire officer Dan Coward became aware of the firefighter's state of mind, health and wellbeing around the time Mr Lidiard stopped active duty, getting police to visit him at his house.

Mr Lidiard convinced the officers who went to check up on him he was all right, but shortly after tried to kill himself.

Coming to visit Mr Lidiard in hospital shortly after the attempt, Mr Coward offered the injured man 12 months' leave without pay, thinking his problems were linked to stress from the work he had been engaged in.

While Mr Lidiard was on leave without pay the fire service discovered he had previously sought help for mental health-related conditions - but had not mentioned it on his application form as required when signing up.

The fire service cancelled the leave without pay agreement and sacked him.

Mr Lidiard took his former employer to the authority, seeking his job back and other remedies, saying he was unfairly dismissed. The authority found in favour of the employer.

"I should say that NZFS' investigation was generally full and fair. Indeed, Mr Lidiard agreed with that proposition in his evidence," the authority's determination said.

The authority reserved costs.

- NZPA