Security officer's sacking for smoking justified - ERA

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A security officer sacked for leaving his company's building unattended to go for a smoke lost his bid for compensation.

The Employment Relations Authority (ERA) has ruled Grant Burch was justifiably dismissed.

Mr Burch, a former alarm and video monitoring operator at Rush Security Services in Auckland, was accused of serious misconduct in June last year when he was caught leaving the control room three times to smoke.

When hired, Mr Burch was instructed not leave the building unattended because he was responsible of processing alarm activations, which include panic, duress and burglary alarms, and emergency radio and phone calls.

But in May 2010, the cleaners reported no one was in the building during Mr Burch's shift.

He was questioned by chief financial officer Darien Rush and was given a warning.

Mr Burch was caught for a second time in June and told Mr Rush he had been smoking outside.

After reviewing CCTV footage, Mr Rush found Mr Burch had also left the building unattended the previous day, and so gave him notice of a disciplinary hearing.

During the hearing, Mr Burch said he complied for two weeks, but breached instructions because he needed to smoke.

He said he had taken the phone with him when he left the building, and that he would do it again.

The company's house rules, which Mr Burch signed, explain that leaving the control room constitutes serious misconduct. The employer decided to fire him.

Mr Burch said his employer did not give him breaks, and unjustifiably dismissed him. He sought six months lost wages and $10,000 compensation.

ERA member Dzintra King said the employer had facilities for breaks and Mr Burch used the facilities.

"Mr Burch's real issue is that he was unable to smoke," she said.

"Given the nature of the business Mr Burch had to be present in the control room or be in the building in the lunch room or toilet and able to access the control room if an alarm was activated."

Ms King said Mr Burch's dismissal was justified.

- NZPA