Tiwai Point security guard let go while on parental leave awarded $30,000 for wrongful termination

A security guard whose contract was wrongfully terminated after she was on parental leave has received $30,000 compensation.

Kristy Milne’s case was heard by the Employment Relations Authority in Christchurch last month.

From February 2019, Milne worked for SCS, which provided security and emergency response services at Tiwai Point.

In November 2021, she went on parental leave, and during this time a new company took over security duties at Tiwai Point.

She intended to return to work in May 2022, but her new employer, Allied Investment Ltd (AIL), said she was not legally able to elect to transfer because she did not hold a certificate of approval (COA), which was a necessary qualification for the role.

The company said Milne had to obtain the qualification by February 7, 2022, if she wanted to work for the new company.

The Employment Relations Authority’s decision said Allied Investments “could not validly limit Ms Milne’s right to elect to transfer by making it conditional”.

The company offered the woman a “relief role” after she had obtained her COA on March 10 last year and said it would offer her a “regular term” role if someone resigned between then and when she returned.

Milne did not accept this offer as she had been a full-time employee with the previous company.

“I find that AIL’s failure to respect Ms Milne’s election to transfer to it on the terms and conditions applicable between her and SCS amounts to a termination of Ms Milne’s employment,” authority member Philip Cheyne said.

He found Milne had been unjustifiably dismissed and had a legitimate personal grievance against Allied Investments Ltd.

She was reimbursed three months’ ordinary pay in line with her contract with SCS, which amounted to $12,875.

Milne said as a result of the termination of her contract, she struggled with her mental health.

Compensation of $18,000 was awarded to her for this.