Saturday, June 19, 2010

my reply to more bullying

This blog has been in play for some months. To gain the full story, go to left hand side "blog archive" go to bottom post of January with same title as this Blog and read upwards

Current telecom participants
Bridgette Dalzell current head of outsourced customer care at telecom New Zealand whom is Michelle Young's direct report at time of incident
Michelle Young call center manager Hamilton call center, whom is Shaun Hoults direct report at time of incidents
Shaun Hoult team manager weekend team Sat-Tues Hamilton
Iain Galloway HR representative spends a lot of time in Hamilton
Hannah Sullivan HR Telecom instruction person to lawyer John Rooney
John Rooney Telecoms legal representative partner in Simpson Grierson











Attn Vicki Campbell

Please refer to the two attachments

Doc “costs” is your costs determination of the authority

“Is this legal” is my most recent document form John Rooney 090610

I am just a lay person not a high priced lawyer but I’m afraid I’m having trouble reconciling para6 from your costs document


[6] I accept the submissions from Telecom that Mr. Evans- McLeod’s approach to this case caused it to incur significantly more costs than would ordinarily have been required. However as set out in PBO Ltd ~ormer1y Rush Security Ltd) v Da Cru:’ costs are not to be used as a punishment or as an expression of disapproval of an unsuccessful party’s conduct.


With Para 2 from Johns document


We note in your reply to the Authority regarding the issue of costs that you allege a possible breach of the confidentiality of the settlement agreement by Telecom. Our reason for referring to this is to provide you with very early notice that Telecom has fully complied with its confidentiality obligations. If it is forced to defend its position in this regard, it will seek costs from you for doing so. We trust this will not be necessary.

I believe I’m being either threatened or bullied and I take exception to the fact and seek the E R A,s guidance as he appears to have the audacity to completely ignore your instruction in an attempt to dissuade me from pursuing my allegation

My personal view is taken from hamlet act 3 scene 2

In the phrase "the lady doth protest too much" definitely indicates that you think the subject's ardent denial of a proposition is meant to cover up its embarrassing truth

for clarification the breech im refering to alludes to the fact that i appear to have been "blacklisted" by telecom hr as i have applied for numerous jobs all over given my years of experience back ground my large network with in the industry sales record i should have been a sitter for at least some but most dont even acknowledge the application let alone reply

so all telecom should know is that i resigned nothing more nothing less if any other person in telecom know more than that there has been a breach thus they may be liable for an immediate penalty

yes "blacklisting" goes on but hr will deny it to the hilt as its highly illegal

how do i know i have been around for 39 years with my eyes and ears shut

ive been party to more than one conversations with managers where the commnets have indicated same

" joe bloggs wont get a job back here as long as his arse pionts to the ground he been black listed"

cant be clearer than that

when i was a wee lad just starting out with telecom i was instructed by my superiors to spend the day bending re-inforcing steel (rebar) in to a specfic pattern

when finished i had to load it on a truck and take it to a private address and low and behold here was a garage floor ready to be poured with concrete that exactly matched the very same pattern

allo allo allo i thought this is how it works my immediate boss was trying to curry favour with a very senior boss in the dept

i note the address an found out who lived there

some time latter my immedate boss tried to have me sacked or severely repremanded for some precieved misdeamour

i told him to get fucked and bring it on

couple of days latter he enquired as to why i was so fearless in my approach to his aggression towards me

i just reminded him of the above

and ive periodically kept notes either since

especailly when i was back stabbed by senior management very early in my time at the call center i dont know wether is a female thing but scratch the surface and that place is full of smiling Assassins in skirts

some with the morals of alley cats site managers shouldnt screw team leaders especailly when both parties are married but not to each other and it was done on company premises and on company time nor should they have one night stands with married men that have very recently have become new fathers

makes my sins pale in comparsion you think






more bullying

This blog has been in play for some months. To gain the full story, go to left hand side "blog archive" go to bottom post of January with same title as this Blog and read upwards

Current telecom participants
Bridgette Dalzell current head of outsourced customer care at telecom New Zealand whom is Michelle Young's direct report at time of incident
Michelle Young call center manager Hamilton call center, whom is Shaun Hoults direct report at time of incidents
Shaun Hoult team manager weekend team Sat-Tues Hamilton
Iain Galloway HR representative spends a lot of time in Hamilton
Hannah Sullivan HR Telecom instruction person to lawyer John Rooney
John Rooney Telecoms legal representative partner in Simpson Grierson












Grierson
9 June 2010 Partner Reference
J Rooney - Auckland
Paul Evans-McLeod Direct Dial: +64-9-977 5070
17 Minnie Place Fax: ÷64-9-977 5083
Pukete E-mail: john.rooney~simpsongrierson.com
Te Rapa
HAMILTON PRIVATE AND CONFIDENTIAL



File No. 5294885 Paul Evans-McLeod and Telecom New Zealand Ltd, Bridgette DaIzell,
Michelle Young and Shaun Hoult -

1. We refer to the costs determination of the Authority dated 1 June 2010. The Authority has ordered you to pay Telecom New Zealand Ltd $1,500.00 as costs plus disbursements of $401.48. Please arrange for payment to be made to Simpson Grierson by no later than 18 June 2010. Our trust account details are:
Account Name: Simpson Grierson Trust Account
Account Number: 030104-0943847-02
Bank: Westpac
Branch: 79 Queen Street
Auckland
Banks Swift Code: WPAC NZ2W

2. We note in your reply to the Authority regarding the issue of costs that you allege a possible breach of the confidentiality of the settlement agreement by Telecom. Our reason for referring to this is to provide you with very early notice that Telecom has fully complied with its confidentiality obligations. If it is forced to defend its position in this regard, it will seek costs from you for doing so. We trust this will not be necessary.


Yours faithfully
SIMPSON GRI ERSON




John Rooney
Partner

my reply to demand for costs

This blog has been in play for some months. To gain the full story, go to left hand side "blog archive" go to bottom post of January with same title as this Blog and read upwards

Current telecom participants
Bridgette Dalzell current head of outsourced customer care at telecom New Zealand whom is Michelle Young's direct report at time of incident
Michelle Young call center manager Hamilton call center, whom is Shaun Hoults direct report at time of incidents
Shaun Hoult team manager weekend team Sat-Tues Hamilton
Iain Galloway HR representative spends a lot of time in Hamilton
Hannah Sullivan HR Telecom instruction person to lawyer John Rooney
John Rooney Telecoms legal representative partner in Simpson Grierson







Attn John Rooney


Please find attached my budget

I have doubled the amount to $2 a day $10 a week

My financial circumstances where covered in previous correspondence, these are the unintended consequences of your own clients actions

Close perusal of determination of costs states the amount to be paid, it does not state term or minimum amount required


I am complying with that determination albeit at a minimal amount however , I have honour and integrity it will be paid

When I am fortunate enough to obtain work as stated in previous correspondence the amount will be increased

Your client can apply for a compliance order if they wish, that is their right

If this eventuates , my consul has advised that the only remedy left to me is to declare bankruptcy, the result nobody gets paid


I take exception to the bullying and aggressive tone of your recent correspondence and give you early notice that any more aggressive moves will be highlighted to the media.
The collateral damage will no doubt affect the careers of all the participants, therefore I would strongly advise your instruction agent with in Telecom find some empathy or compassion and temper telecoms aggressive stance towards me before she finds her circumstances matching mine

Telecom may well be required to answer media questions phrased around a highly paid CEO who has been with the company a very short time “ asking for a second chance in regard to the xt problem “against a 39 years veteran who has been bullied into resigning( constructive dismissal )and pummelled by Telecom ever since and given no second chance
The campaign has the mark and feel of a very expensive campaign, management will be enraged to find it used against them

I don’t threaten or bluff , so please do not perceive this as either, I just act

warm regards
Paul
17 Minnie Place
Pukete
Te Rapa
Hamilton
New Zealand

Phone 0064 7 8494584
Mobile 0272423017
Paul.evans-mcleod@xtra.co.nz

telecom just cant stop bullying people

This blog has been in play for some months. To gain the full story, go to left hand side "blog archive" go to bottom post of January with same title as this Blog and read upwards

Current telecom participants
Bridgette Dalzell current head of outsourced customer care at telecom New Zealand whom is Michelle Young's direct report at time of incident
Michelle Young call center manager Hamilton call center, whom is Shaun Hoults direct report at time of incidents
Shaun Hoult team manager weekend team Sat-Tues Hamilton
Iain Galloway HR representative spends a lot of time in Hamilton
Hannah Sullivan HR Telecom instruction person to lawyer John Rooney
John Rooney Telecoms legal representative partner in Simpson Grierson









14 June 2010 Partner Reference
J Rooney - Auckland
Paul Evans-McLeOd Writer’s Details
Direct Dial: +64-9-977 5070
17 Minnie Place Fax: +64-9-977 5083
Pukete E-mail: john.rooney@simPSoflgflerSon.com
Te Rapa
HAMILTON PRIVATE AND CONFIDENTIAL



File No. 5294885 Paul Evans-McLeod and Telecom New Zealand Ltd, Bridgette Dalzell,
~ -

1. We refer to our letter of 9 June 2010 regarding payment of the costs and disbursements awarded to Telecom New Zealand Limited by the Employment Relations Authority.

2. We understand you have unilaterally made arrangements to pay the costs by daily installments of $1.00. Our client has not, and does not agree to payment of the costs and disbursements in this manner. The costs are due and payable in their entirety.

ah duh you wankers if i can,t unilaterally make arrangements re payment of costs that means you cant either idiots have got it they can demand all they want



3. We reiterate our request for payment of the costs and disbursements in full by no later than 18 June 2010. In the event payment is not forthcoming, our client will have little option but to apply to the Authority for a compliance order and the costs of making the application.

all a compliance order can do is force me to court to declare my financial details and they will make a an order that i must comply with worked out on my budget so it not going to be much more than im doing. dont have it so cant give or i go bankrupt and to the MEDIA


Yours faithfully
SIMPSON GRIERSON




John Rooney
Partner

Sunday, June 13, 2010

is telecom psychopathic ?

This blog has been in play for some months. To gain the full story, go to left hand side "blog archive" go to bottom post of January with same title as this Blog and read upwards

Current telecom participants
Bridgette Dalzell current head of outsourced customer care at telecom New Zealand whom is Michelle Young's direct report at time of incident
Michelle Young call center manager Hamilton call center, whom is Shaun Hoults direct report at time of incidents
Shaun Hoult team manager weekend team Sat-Tues Hamilton
Iain Galloway HR representative spends a lot of time in Hamilton
Hannah Sullivan HR Telecom instruction person to lawyer John Rooney
John Rooney Telecoms legal representative partner in Simpson Grierson









I urge people to get a copy of the dvd
For those that have recently lost their jobs in the corporate restructure you will recognize some the behaviors






The Corporation is a 2003 Canadian documentary film written by Joel Bakan, and directed by Mark Achbar and Jennifer Abbott. The documentary is critical of the modern-day corporation, considering its legal status as a class of person and evaluating its behaviour towards society and the world at large as a psychiatrist might evaluate an ordinary person. This is explored through specific examples. The Corporation has been shown worldwide, on television, and via DVD, file sharing, and free download. Bakan wrote the book, The Corporation: The Pathological Pursuit of Profit and Power, during the filming of the documentary.
The documentary shows the development of the contemporary business corporation, from a legal entity that originated as a government-chartered institution meant to effect specific public functions, to the rise of the modern commercial institution entitled to most of the legal rights of a person. One theme is its assessment as a "personality", as a result of an 1886 case in the United States Supreme Court in which a statement by Chief Justice Morrison R. Waite[nb 1] led to corporations as "persons" having the same rights as human beings, based on the Fourteenth Amendment to the United States Constitution.

The film's assessment is effected via the diagnostic criteria in the DSM-IV; Robert Hare, a University of British Columbia psychology professor and a consultant to the FBI, compares the profile of the contemporary profitable business corporation to that of a clinically-diagnosed psychopath.

The documentary concentrates mostly upon North American corporations, especially those of the United States.

The film is in vignettes examining and criticizing corporate business practices, to establish parallels, between corporate legal misbehavior (malfeasance) and the DSM-IV's symptoms of psychopathy,

i.e. callous disregard for the feelings of other people, the incapacity to maintain human relationships, reckless disregard for the safety of others, deceitfulness (continual lying to deceive for profit), the incapacity to experience guilt, and the failure to conform to social norms and respect for the law.


Thursday, June 10, 2010

well i have to pay them ap set up

This blog has been in play for some months. To gain the full story, go to left hand side "blog archive" go to bottom post of January with same title as this Blog and read upwards

Current telecom participants
Bridgette Dalzell current head of outsourced customer care at telecom New Zealand whom is Michelle Young's direct report at time of incident
Michelle Young call center manager Hamilton call center, whom is Shaun Hoults direct report at time of incidents
Shaun Hoult team manager weekend team Sat-Tues Hamilton
Iain Galloway HR representative spends a lot of time in Hamilton
Hannah Sullivan HR Telecom instruction person to lawyer John Rooney
John Rooney Telecoms legal representative partner in Simpson Grierson








i checked with winz they dont cover this sort of costs so i have to pay so set up an ap after doing a budget
feel free is you want to add to the cause any and all donations will be greatly appreciated just add in code to accompany payment 429446-2005652-447327 and issue the money to acct highlighted in red

thus this part of my epic battle as drawn to a close there are other outstanding issues


AP name dalzell young hoult telecom


Account to pay to and details that will appear on that account statement 03 0104 0943847 000


First payment Thu 10 Jun 2010


Frequency of payments Daily


Amount $1.00


Last payment Thu 21 Sep 2017


Last payment amount $0.50


Account to pay from and details that will appear on that account statement 03 1318

simpson grierson telecomcosts

Tuesday, June 8, 2010

telecom confirms

This blog has been in play for some months. To gain the full story, go to left hand side "blog archive" go to bottom post of January with same title as this Blog and read upwards

Current telecom participants
Bridgette Dalzell current head of outsourced customer care at telecom New Zealand whom is Michelle Young's direct report at time of incident
Michelle Young call center manager Hamilton call center, whom is Shaun Hoults direct report at time of incidents
Shaun Hoult team manager weekend team Sat-Tues Hamilton
Iain Galloway HR representative spends a lot of time in Hamilton
Hannah Sullivan HR Telecom instruction person to lawyer John Rooney
John Rooney Telecoms legal representative partner in Simpson Grierson














Telecom has confirmed the they will respond to my privacy complaint in accordance within its obligations under the act but have requested an extension as

They say

Your request necessitates a search of for a large quantity of information and meeting the original time limit would unreasonably interfere with the operations of telecom :and

The consultations necessary to make a decision on your request are such that a proper response cannot be made within the a original time limit

So we are not unreasonable we will give them the time

gotta love the law dont ya

Thursday, June 3, 2010

Letter to directors

This blog has been in play for some months. To gain the full story, go to left hand side "blog archive" go to bottom post of January with same title as this Blog and read upwards

Current telecom participants
Bridgette Dalzell current head of outsourced customer care at telecom New Zealand whom is Michelle Young's direct report at time of incident
Michelle Young call center manager Hamilton call center, whom is Shaun Hoults direct report at time of incidents
Shaun Hoult team manager weekend team Sat-Tues Hamilton
Iain Galloway HR representative spends a lot of time in Hamilton
Hannah Sullivan HR Telecom instruction person to lawyer John Rooney
John Rooney Telecoms legal representative partner in Simpson Grierson










Letter to directors
I require little of Telecom except that I am treated with honesty, integrity, transparency and respect.

I have served your company for 39 years and 3 months in return for that loyalty, I am asking each of you personally, to take an hour of your time to read my story and act according to your conscience.

All of you have reached the position you hold based in part on your character, your honesty, your ethics and your integrity.

I based my entire life on the same exact credo; you above all, are required to "walk the talk"

Indeed your own code ethics requires you to,

"Conduct yourselves such that your honesty is beyond question and you are required to report any unethical behaviour of which you become aware"

You approved the Telecom Code of Ethics; that is the framework of the standards the employees of Telecom are required to conduct their professional lives by.

I believe the four people involved in my story have, while behaving legally; have reached their goal of having me dismissed in a very unethical and dishonest way .Indeed careful reading will show each has acted dishonestly. Falling well short of their expected behaviours of fair dealing

They, in my humble opinion, have not undertaken their duties in accordance with Telecom values and they perhaps have committed behaviour which has the potential to bring Telecoms image into disrepute

They have failed to value my differences, failed to treat me with respect in accordance with Telecoms equal opportunities and anti harassment and discrimination policies.

They behaved in ways that were both deceptive and misleading and extremely unfair.
Adherence to policy and process does not abdicate moral and ethical responsibility, as history demonstrates


In fact they took my refusal to be admonished three times for the same misdemeanour as a direct affront to the power of their positions and moved with undue haste to have me ousted from the company

Please now take a small portion of your time to read my blog http://hwyop.blogspot.com/ , from the first in January 09 to the final one.

Justice is sought for myself; and for the others that may follow and be treated thus for they have ruined my entire life, my health and my marriage. Cornering me with a cold hearted manipulation of the legal process, such was my reward for a life time of loyal service I was proud to be a part of the industry. My departure left me feeling like I worked for Enron or World com


It is true that only a coward can be brave, as a man who feels no fear, has conquered nothing

It is also true that, when one person speaks up to stop some wrong.

Others often join in, desperately relived, that at last someone has said something.

It is not easy to be the one to speak up or for one to step in .If it were we would not value and admire those that do.

One final truth remains beyond all the petty irritations of life.

All that is necessary for the triumph of evil is for good men to do nothing.

The question remains, why has this sort of behaviour been allowed to flourish and what is to be done about it before such behaviour corrupts the whole of Telecom , its image, its brand, its brand equity.

There is no such thing as a minor lapse of ethics; either you are honest or you are not

Simply put, I request yourselves, as directors to explain to me; why three if not four people that have behaved dishonestly in their dealings with myself still retain their positions while I languish after years of loyal honest, service on the dole

You may address my concerns or you may not, I am looking for someone within telecom with the "right stuff" to do the "right thing”, I seek transparency

If my simple humble concern is treated with indecision or in action, then unfortunately the only recourse left to me is go viral or go public to clear my name; for I have canvassed the whole of Telecom in my efforts to seek some form of justice, only to be rewarded with disinterest or disdain.


The irony is today I received a letter from Paul Reynolds to say “thanks for giving us a chance to put things right “that is what I’m offering you the directors “one last chance to put things right”

I have nothing left to offer but to thank you for your time and consideration and await your response

Paul Evans-McLeod

the ball is thier court or on the front page of the national papers all i am doing is micro-managing them and holding them to account exactly the same as was perpetrated on me they like that which was requested of me must get it 100% right 100% of the time no more no less

i have contacts and reporters awaiting thier response that is the medium thier perfromance review will be played out

recieved reply as to costs

This blog has been in play for some months. To gain the full story, go to left hand side "blog archive" go to bottom post of January with same title as this Blog and read upwards

Current telecom participants
Bridgette Dalzell current head of outsourced customer care at telecom New Zealand whom is Michelle Young's direct report at time of incident
Michelle Young call center manager Hamilton call center, whom is Shaun Hoults direct report at time of incidents
Shaun Hoult team manager weekend team Sat-Tues Hamilton
Iain Galloway HR representative spends a lot of time in Hamilton
Hannah Sullivan HR Telecom instruction person to lawyer John Rooney
John Rooney Telecoms legal representative partner in Simpson Grierson









IN THE EMPLOYMENT RELATIONS AUTHORITY AUCKLAND
AA 187A/lO
5294885
BETWEEN PAUL EVANS-MCLEOD
Applicant
AND TELECOM NEW ZEALAND
LIMITED
First Respondent
AND BRIDGETTE DALZELL
Second Respondent
AND MICHELLE YOUNG
Third Respondent
AND SHAUN HOULT
Fourth Respondent

Member of Authority: Vicki Campbell

Representatives: Applicant in Person

John Rooney for Respondent

Submissions Received: 24 May from Applicant

20 May from Respondent

Determination: 1 June 2010


COSTS DETERMINATION OF THE AUTHORITY


[1] In a determination dated 26 April 2010 the Authority determined two preliminary matters. The first matter was the correct identity of the Respondent. I held that Telecom was Mr Evans-McLeod’s employer and not the Second, Third and Fourth Respondents.


[2] The second matter was determined in Telecom’s favour when I held that the Authority had no jurisdiction to investigate Mr Evans-McLeod’s personal grievance in light of the Record of Settlement entered into by the parties.
[3] In my determination I reserved the question of costs and encouraged to parties to settle this matter between them. They have been unable to do so and I am now in receipt of memorandum from both parties.


[4] Telecom submits that while the investigation lasted under half a day the claims by Mr Evans-McLeod were bound to fail. Also, that Mr Evans-McLeod’s approach to disclosure resulted in Telecom incurring far more costs than it should have in preparing for the Investigation Meeting. Telecom submits that the conduct of the applicant in conducting his case warrants an award of costs above the notional daily rate and seeks a contribution of $3,000 plus disbursements of $401.48.


5 In his submissions Mr. Evans-McLeod notes that he has been without employment for nine months and is currently in receipt of a WINZ benefit. Mr. Evans-McLeod also asks the Authority to take into account his health issues which is causing concern for himself and his family.


[6] I accept the submissions from Telecom that Mr Evans- McLeod’s approach to this case caused it to incur significantly more costs than would ordinarily have been required. However as set out in PBO Ltd ~ormer1y Rush Security Ltd) v Da Cru:’ costs are not to be used as a punishment or as an expression of disapproval of an unsuccessful party’s conduct.


[7] Having regard to the matter before the Authority and in the principled exercise of my discretion I order Mr Evans-McLeod to pay to Telecom New Zealand Limited the amount of $1,500.00 as costs plus disbursements of $401.48.





Vicki Campbell
Member of Employment Relations Authority

well this ends this part of my case with the employment court i gave it my best shot but form the outset it was a David and Goliath struggle but one that had to be fought

Wednesday, June 2, 2010

recap

This blog has been in play for some months. To gain the full story, go to left hand side "blog archive" go to bottom post of January with same title as this Blog and read upwards








So where are we now .what is left to deal with

1. awaiting outcome with regard to costs from the employment relations authority from Vicky Campbell of the authority

2 awaiting outcome of investigation as to why I appear to have been blacklisted with in hr .this will instigated by the authority .if my concerns are correct this may indicate a serious breach of the confidentiality of the mediation process as the only information that should be released if any is that I resigned .this will come from the authority senior investigator Auckland office .

3 awaiting all material requested with regard to principle 7 of the privacy act this will need to be checked in detail this will come from Hannah Sullivan Auckland HR the instructing officer to the lawyers

4 awaiting answer from telecom as to why they didn’t adhere to their requirements of the privacy act principles 1 -6 this will probably come from telecom lawyers John Rooney of Simpson Grierson

5 awaiting specific ruling with regard to a seconded national managers reading of emails between myself and my “lawyer” this one may set a precedent in law bout the sanctity of lawyer –client confidentiality a very serious issue that will garner widespread public attention asit should

6 awaiting board members response to my letter will be posted on site in approx one week from today
the board members writen to include Kevin Roberts ,Rod McGeoch, Murray Horn ,Wayne Boyd Sachio Semamoto,Ron Spithill but not Paul Reynolds






Current telecom participants
Bridgette Dalzell current head of outsourced customer care at telecom New Zealand whom is Michelle Young's direct report at time of incident
Michelle Young call center manager Hamilton call center, whom is Shaun Hoults direct report at time of incidents
Shaun Hoult team manager weekend team Sat-Tues Hamilton
Iain Galloway HR representative spends a lot of time in Hamilton
Hannah Sullivan HR Telecom instruction person to lawyer John Rooney
John Rooney Telecoms legal representative partner in Simpson Grierson