Firefighter concealed past illness

A highly regarded Christchurch firefighter, who claimed he was fired because of his history of mental illness, has lost his Employment Relations Authority (ERA) case.

Marc Lidiard claimed he was sacked illegally by the Fire Service in 2008 after an investigation showed he had not disclosed his history of depression and post-traumatic stress disorder on a pre-selection form.

ERA member Philip Cheyne, in a decision released yesterday, said the Fire Service was entitled to screen for mental illness and to sack an employee who misled it.

Lidiard joined the service in 2003 and was an exemplary employee.

In February 2008, a supervisor became concerned that Lidiard was a suicide risk and spoke to police, who visited Lidiard at home. He convinced them they should not intervene, but he later made an attempt on his life and required hospital treatment.

He was offered 12 months leave without pay, but wanted to get back to work within a month. Reports requested by the Fire Service showed a history of mental illness, and the service started an inquiry into Lidiard's recruitment.

It found Lidiard had given false answers to questions about his previous mental health treatment.

Counsel for Lidiard said the pre-selection questions were unlawful, as they breached a Human Rights Act prohibition on employers discriminating against candidates with mental health problems.

The Fire Service said it used its questionnaire not to discriminate, but to assess whether a candidate's condition was consistent with them safely carrying out all parts of the job.

The Human Rights Act allows employers to treat candidates differently if a disability puts them or others at an unreasonable risk of harm.

Cheyne said the Fire Service had to be entitled to assess its legal obligations regarding employees and could do so only by asking appropriate questions.

"I accept that mental health is an important consideration in whether a person can properly and safely perform the role of firefighter," he said.

"Mr Lidiard had an obligation to truthfully answer the questions asked and he is not immune from the consequences of his failure to do so."

Cheyne said Fire Service managers remained supportive of Lidiard, and the service was prepared to consider any further application for employment under its re-engagement policy.

- © Fairfax NZ News