On 24 July 2022 we reported that “Gubb Design Ltd suffered an act of sabotage… at the hands of its employee Mr Biddle who it sacked two weeks later. ERA Member Peter Fuiava made his determination on 19 July with a damages award of $98,525, a penalty of $8,000 and costs of $6,750. The NZ Herald beat us to the story – Sacked worker who deleted files ordered to pay more than $100,000 in damages and penalties”.
That Herald article was seen by management of iDesign Architecture Ltd, who had employed Matthew Biddle 9 months earlier. Unsurprisingly, iDesign summarily dismissed him.
We know this because of a preliminary determination by Rowan Anderson, Member of the Employment Relations Authority (ERA), dated 7 July 2023. The scope of the determination was limited to whether or not Mr Biddle had raised a personal grievance within the 90 days allowable. For what it’s worth, the ERA found that he did.
The legal basis on which iDesign appears to have relied when it dismissed Biddle was:
[1] … it came to iDesign’s attention that Mr Biddle had been involved in proceedings before the Employment Relations Authority (Authority) relating to a previous employment relationship that was not listed on his curriculum vitae (CV) when applying for his role at iDesign.
How many people can honestly say they haven't "massaged" their CV? Stretching out periods of employment to cover gaps, and/or replacing jobs of short duration that ended with a falling out with "temping or "contracting"? Fudging job titles of referees?
But there are extreme examples. In 2002 John Davy was fired from the top job at Maori TV, jailed for CV fraud for a few months, then deported to Canada.
The Herald article dated 22 July 2022 was probably seen the same day by iDesign. One would think the sensible thing for iDesign to do would be to get on the phone to the previous employer Gubb Design, and lawyer up, urgently. From what Member Anderson’s determination doesn’t say, it appears that cool heads prevailed and iDesign were able to exit Mr Biddle before he could cause anywhere near the kind of damage he inflicted on Gubb Design in 2021.
I asked Darren Gubb whether his company had received any of the $113,275 Member Fuiava ordered Mr Biddle to pay in damages and costs – bearing in mind this award is only a fraction of the actual loss that nearly sent his company to the wall.
Not a cent.
Mr Gubb has attempted to enforce the award, but because of Mr Biddle’s history of refusing to engage with MBIE (not only the Employment Relations Authority but also the Licensed Building Practitioners Board), and general absence from social media, he will probably need to try and find Mr Biddle and serve him in person.
Meanwhile, from his bolthole that’s believed to be in Tauranga, Mr Biddle is suing iDesign alleging unjustified dismissal. If the ERA decides to run the case “on the papers”, Mr Biddle may dodge a bullet yet again, even if he loses and is ordered to pay some of iDesign’s legal costs. But under the circumstances the ERA may schedule an investigation meeting, which will probably be a few hours’ duration either at 167b Victoria Street West, Auckland, or in a meeting room at Tauranga District Court. And Mr Gubb (or his process server) will likely be waiting outside, envelope in hand.
Not such a good idea is it, Mr Biddle?
ERA Member Fuiava on Contempt of Authority - LA, 24 July 2022
Architectural designer Matt Biddle gets building licence back, faces fresh complaint - NZ Herald, 17 June 2023
Leighton Associates turns 4 - LA, 22 July 2023