Fire and Emergency NZ breached firefighters privacy by accessing his personal bank account

Summary

A firefighter who helped pool his colleagues meal allowances so they could buy groceries and cook meals while on shift has been cleared of any wrongdoing after his employer accused him of misusing the money.

Source: NZ Herald

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Q1: What was the main allegation against the firefighter by Fire and Emergency New Zealand (FENZ)?

A1: The main allegation against the firefighter, Joshua Strauss, by Fire and Emergency New Zealand (FENZ) was that he misused meal allowances pooled by his colleagues to buy groceries and cook meals while on shift. FENZ accused him of accessing and using the funds for personal purchases, which constituted serious misconduct.

Q2: What action did Fire and Emergency New Zealand take that was deemed unlawful?

A2: Fire and Emergency New Zealand (FENZ) accessed Joshua Strauss' personal bank account without his consent, which was deemed unlawful. This action was a breach of his privacy rights under the Privacy Act, as determined by the Employment Relations Authority.

Q3: How did the Employment Relations Authority (ERA) view the handling of the situation by FENZ?

A3: The Employment Relations Authority (ERA) criticized FENZ for its handling of the situation. The ERA found that FENZ had breached the Privacy Act by accessing Strauss' personal bank account unlawfully. The ERA also indicated that FENZ should have taken a more cautious approach and sought clarity on the employment matter instead of pursuing disciplinary action based on improperly obtained information.

Q4: What steps did Joshua Strauss take in response to the privacy breach?

A4: In response to the privacy breach, Joshua Strauss lodged a personal grievance against FENZ through the union. He also planned to file a complaint with the Financial Services Complaints and the Privacy Commissioner to address the unlawful access to his bank account.

Q5: What was the outcome of the investigation regarding Joshua Strauss' alleged misconduct?

A5: The investigation cleared Joshua Strauss of any wrongdoing. The preliminary findings that accused him of unauthorized transactions and serious misconduct were not upheld, and the allegations against him were dismissed.

Q6: What role did the New Zealand Professional Firefighters’ Union play in this case?

A6: The New Zealand Professional Firefighters’ Union, represented by its president Joe Stanley, supported Joshua Strauss in his case against FENZ. The union attempted to persuade FENZ to reconsider its approach to the employment matter and sought to protect Strauss' rights during the dispute.

Q7: How does this incident reflect on the importance of privacy and data protection in employment contexts?

A7: This incident highlights the critical importance of privacy and data protection in employment contexts. It underscores the need for employers to adhere to legal standards when accessing personal information and the potential legal consequences of violating employees' privacy rights. It also demonstrates the role of regulatory bodies in upholding these standards and protecting individuals' rights.