Fire service worker Crawford Morris has succeeded in proving his dismissal was wrong, after a dispute with a female colleague grew heated over suit sizing. Photo / 123RF
A fire service volunteer support officer lost his job after an exchange with a female firefighter over an ill-fitting suit.
The exchange, which happened after the firefighter had been at a house fire, was overheard by other brigade members who felt Crawford Morris was inflexible and did not handle the situation well.
The firefighter said the situation caused her distress and management emails later indicated other brigade members “felt baited and antagonised” by Morris.
He eventually lost his job but has now succeeded in proving the dismissal was wrong.
However, the Employment Relations Authority ruled the amount of compensation awarded should be reduced because his actions contributed to what happened.
“On the interchanges with the female volunteer firefighter, it was clear Mr Morris failed to understand the upset he had caused,” ERA member David Beck said in a recently released decision.
The ruling has disappointed Fire and Emergency NZ, which told NZME it had previously been criticised for not taking action when its people had been subjected to “inappropriate behaviour and conduct”.
It had undertaken significant work towards providing a safe, positive and inclusive environment for all of its people, paid and volunteer, a spokesperson said.
Morris, who had more than 20 years’ experience on the frontline before becoming a volunteer support officer (VSO), was summarily dismissed in April this year after a lengthy investigation and period of agreed paid leave.
In a personal grievance, he alleged his employer had no substantive reasons to justify the dismissal.
He claimed it was preceded by a suspension and investigation he considered was “procedurally deficient in manner”, and sought reinstatement and compensation.
Fire and Emergency NZ contended the process was procedurally fair and in accordance with good faith obligations.
It said suspension was necessary in the circumstances and the independent investigation established grounds to warrant a decision of summary dismissal.
Morris started working as one of three VSOs servicing the West Coast area from Greymouth in 2014.
The role involved liaison and support to eight volunteer brigades throughout the West Coast.
Morris was overseen by a group manager who reported to the district manager, Myles Taylor.
Trouble arose over comments Morris reportedly made at an introductory meeting to a volunteer brigade about the capabilities of female firefighters.
He allegedly said, “While females are not the strongest members on the ground, women brought a softer aspect and excelled in other areas.”
Beck said that although they did not lead to an immediate complaint, they caused some concern for those present, including the sole female volunteer.
The comments were informally relayed to Taylor by the brigade’s chief fire officer, who was the woman’s partner.
Taylor decided to let the comment go and see how the relationship developed.
In June 2024, the woman’s brigade attended a house fire.
Afterwards, and late in the evening, they travelled to the Greymouth station to be issued with fresh firefighting suits and breathing apparatus.
A suit includes the overtrousers, jacket, gloves, helmet and boots worn by staff while firefighting.
It was part of Morris’s role to arrange the gear swap.
Beck said a problem emerged with the female firefighter’s suit sizing and Morris’s response, by insisting the sizing was correct, led to an exchange that upset her.
The following Monday a further exchange over the suit occurred between him and the woman who was alone at the brigade’s station, when she made it clear that she did not want to discuss the matter further.
She said she felt intimidated and upset and messaged her partner, the brigade’s chief fire officer, for help.
Morris later refuted the allegations about his behaviour and claimed that claims he was “dismissive and aggressive” were not only misleading but also slanderous.
In a later opportunity to explain his case. Morris said he “accepted a misunderstanding” had resulted and apologised for any offence that had occurred.
Taylor was alerted to the concerns in a series of emails from the chief fire officer who said brigade members “felt baited and antagonised by Crawford, which we find doesn’t sit well with Fenz values”. He also described Morris’s conduct after the house fire as abrasive.
The emails, which had been preceded by a telephone call in which the gear issue was recounted, suggested brigade members felt unsafe engaging Morris and asked to have no interchanges with him “until this issue is resolved”.
Taylor replied they would discuss a safety plan and that he would seek internal HR advice on the matter.
HR then took over.
The independent complaints management service, FairWay, began an investigation.
Beck said at no point up until the decision to have the complaint independently investigated, did anyone from Fire and Emergency NZ seek Morris’s perspective.
In June 2024, Morris received a letter from FairWay saying if the allegations were proven they would amount to serious misconduct.
A proposal was set out to suspend Morris on pay while the investigation was conducted.
He and his national union secretary opposed the suspension but indicated that for personal reasons Morris would appreciate being placed on special paid leave.
Beck found that Morris, while seeking to defend his character, did indicate overall a “forceful denial”.
Morris gave evidence of the humiliation the dismissal caused after what was a lengthy and distressing investigation that effectively ended the long firefighting career he saw as a community vocation rather than just a job.
He described the impact on him and his whānau as being worse because he lived in a small community where “gossip was rife”, which had led to a sense of whakama (shame).
Morris considered the allegations that he did not value female firefighters’ contribution to be “very upsetting”, as he described respect for wāhine as being part of his upbringing.
Beck said after carefully weighing all contextual factors, Fire and Emergency NZ had not reasonably established that Morris’s overall conduct met the threshold of serious misconduct.
Rather, it fell into the category of an “emerging performance” or misconduct issue related to his communication style and “embattled approach” to his work relationships.
Beck said it should have been dealt with in a timely fashion with a carefully crafted performance plan setting out expectations around communication matters.
“I find in all the circumstances, Mr Morris was unjustifiably dismissed as FENZ acting as a fair and reasonable employer, could not have concluded he engaged in acts of serious misconduct.”
Morris had applied to the authority for interim reinstatement in April this year, but Beck considered the relationship was too broken, based on Morris’s evident lack of trust in his former employer.
Reinstatement was declined, but Fire and Emergency NZ was ordered to pay Morris $25,000 in compensation for the unjustified dismissal plus six days’ lost remuneration.
The compensation order was reduced by 20% to reflect his contribution to the circumstances that gave rise to his personal grievance.
Morris did not want to comment when contacted by NZME.
Fire and Emergency NZ said it would continue to hold its people to the highest standards of conduct and behaviour.
Tracy Neal is a Nelson-based Open Justice reporter at NZME. She was previously RNZ’s regional reporter in Nelson-Marlborough and has covered general news, including court and local government for the Nelson Mail.