Hoist with your own petard: September 2010

Thursday, September 30, 2010

me i think it is personal

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

From: John Rooney [mailto:John.Rooney@simpsongrierson.com]
Sent: Thursday, 30 September 2010 12:25 p.m.
To: 'Stephen Berry'
Cc: 'Paul Mcleod'
Subject: RE: 5311630 Telecom New Zealand Ltd v Paul Evans-McLeod [SGDMS.FID361431]

Stephen,

The respondent has no issues with the attachment as far as confidentiality is concerned. It does, though, take issue with the claim that there is a "legal binding contract as to debt repayment" and that Mediation was successful. As previously advised, the respondent wishes to proceed with its application for compliance.

my reply

Stephen

There is no issue around at all around the claim that there is a “ legal binding contract as to debt repayment “ or that the mediation was unsuccessful .the issues only exists in the mind of Telecoms instruction agent

The applicant may wish to proceed with its application for compliance, however as stated in previous correspondence I am complying with the ruling of the Authority .this is just legal bullying it is both vexatious and unnecessary .I do not wish to proceed the matter has be resolved to my satisfaction .and in my belief to the Authority’s satisfaction

It has the feel that it is driven by a perhaps a personal agenda of Telecoms instruction agent as I have caught all Telecom participants wanting in matters of trust and honesty and the agent has taken umbrage that I have the audacity to confront him about it,

Therefore I ask John Rooney to bypass the instruction agent and correspond directly with Wayne Peat the Head of Telecom HR ( I am complying with Telecoms request to pass all correspond via their consul so could Wayne Peat correspond directly to me to indicate contact has been made ) and request a change in the instruction agent to someone who can conduct our business free from the impairment of personal agendas

Warm regards

Paul

me i think they just sore losers they going to be really pissed soon

The evil that men

Wednesday, September 29, 2010

independant legal advice sort

Monday, September 27, 2010

telecom goes back to a bullyling approach

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

all ways happens when they lose, thier instruction person must be the laughing stock in the office, never mind i think its time the participants brushed up thier CV,s
another chapter for my book

Dear Stephen,

Mediation was unsuccessful. The applicant therefore wishes to proceed with its application for an order that Mr Evans-McLeod pay the costs award in full. It is happy for this to be done on the papers.

Regards

john rooney

To Paul Evans-McLeod

I refer to the email below from John Rooney, which Mr Rooney sent to you on 22 September 10.

The Authority has been advised that mediation was unsuccessful. Please confirm that is your understanding of the situation.

John Rooney wishes to proceed with the application for an order and is happy for this to be done on the papers.

Please advise whether or not you are agreeable with the application being done on the papers.

Your response should be received by the Authority no later than Wednesday 6 October 10.

Stephen Berry

Support Officer

Employment Relations Authority
Te Ratonga Ahumana Taimahi

my reply

5311630 Telecom New Zealand Ltd v Paul Evans-McLeod 270910 mk2

The banking and clearance of the initial deposit and subsequent instalments is evidence that Telecom accepted the offer of settlement in the terms agreed upon as to “quantum and timing “

The terms of the ruling of the employment relations authority issued by Vicki Campbell have been fulfilled and adhered to

If a creditor accepts, endorses, and receives payment from a debtor he has accepted the contract “

Thus we have a contract, a legal binding contract as to debt repayment between my self and Telecom

Mediation was successful. The respondent therefore does not wish to proceed

As it his belief that the authority does not have the jurisdiction relevant to the specifics of this contract

I mean no disrespect to the authority, I am but a simple layman but I don’t understand where or how the authority can overrule or order me to pay in full if it chooses to .

Surely this disagreement in relation to the payment of costs, to my way of thinking, is now under contract law not employment law

As stated Telecom by it own actions have made it so, have they chosen the right venue to reconcile their grievance in this specific matter, I am unsure and seek clarification

Telecom is attempting to bully me into submission by any legal means possible and this is merely a continuation of their vexatious and mean-spirited approach .Telecom is fearful that the current submissions before the privacy commissioner will find their actions less than meritorious. And is trying effect an speedy resolution to its current concerns with me to enable themselves to close them down and refuse to deal with it .This has happened twice before when both their submissions and arguments have been found wanting

However if it does move forward and the ruling is in my favour I seek costs relevant to this application

Kind regards

Paul Evans-McLeod

Tuesday, September 21, 2010

had the best day to date

Monday, September 20, 2010

advance

Advance, and never halt, for advancing is perfection. Advance and do not fear the thorns in the path, for they draw only corrupt blood." ~ Kahlil Gibran

over the next few weeks i will be highlighting some of the dispapionting traits our leadersahip dispalys all will be supported by documents so it cannot be denied

Sunday, September 19, 2010

Got a mention in dispatches to the board

teIecom

To: The Board of Directors

From:

Date: 08 June 2010

Subject: Disgruntled former employee - Paul Evans-McLeod

No an employee who doesn’t like people that act without honesty or integrity

The purpose of this memorandum is to advise you of a communication addressed to you from the above individual, which you may be unaware of. Mr Evans-McLeod has posted the attached letter to you on his publicly accessible blog site http://blogspot.com/.

Yes completely correct the board is fully supportive of the telecoms code of ethics indeed they authorized them see previous post I was endevouring to alert them to some perhaps unsavory events

You may not have received this letter, as we have blocked emails from Mr Evans-McLeod’s email address to almost all Telecom addresses, due to multiple concerns with his communications. We wish to bring this particular communication to your attention given his threat to go public and involve the media.

Absolutely I will awaiting for events to unfold refer latest blogs there exists a very strong possibility they may have lied to the privacy commission

The relevant background to this matter is as follows:

• Mr Evans-McLeod was employed by Telecom for 39 years, and 3months most recently as a Customer Services Representative in its Hamilton Call Centre.

• Mr Evans-McLeod was subject to performance management from November 2008 until the time of termination of his employment in August 2009, by which time he had received one formal written warning and attended a second disciplinary meeting in relation to his performance.

Read my previous blogs they micromanaged me they are now denying the micromanagement unfortunately I have diary notes and witnesses’ and the wankers admitted it twice

They have also refused to release to me the disciplinary procedures what happened to the first verbal warning second verbal warning third verbal warning ,first written warning second written warning duh

• Mr Evans-McLeod was represented in both performance discussions and the two disciplinary meetings by a representative of the EPMU.

Correct

• Through his union representative Mr Evans-McLeod raised a personal grievance and requested that Telecom attend voluntary mediation.

After I informed them they where possibility in breach of the 2002 health and safety amendment act and personally libel for a $500.000.000 fine and three years imprisonment they shat themselves and issued a final written warning to exit me quick smart a personal grievance was my only recourse left

• Following mediation on 17 August, which was facilitated by the Department of Labour, the parties signed a settlement agreement on 21 August (countersigned by a mediator from the Department of Labour on 24 August) and Mr Evans-McLeod’s resigned from his employment effective 21 August 2009.

The mediation was confidential but I became aware at a much later stage that they had blacklisted me within 15 days of my “resignation” read previous blogs unfortunately telecom failed the “good faith” component required under my contract idiots

• In December 2009, Mr Evans-McLeod sought to enter into correspondence with Paul Reynolds regarding the subject matter of the mediation and events surrounding the mediation. , replied on Paul’s behalf and pointed out thatthe mediated settlement agreement was in full and final settlement of all matters relating to Mr Evans-McLeod’s employment and it was not permissible to seek to re¬litigate matters.

• Subsequently, in February 2010, Mr Evans-McLeod sought to raise a personal grievance claim in the Employment Relations Authority. Telecom successfully argued that Mr Evans-McLeod’s claim was statute barred and obtained costs against Mr Evans-McLeod.

Read posts re repayment costs etc

• Mr Evans-McLeod has previously contacted the media, resulting in a brief article in the Dominion Post and has also written to the Prime Minister’s Office, the Minister of Labour and the Ombudsman.

Correct and a lot of others as well although telecom has yet to recognize the intent of these actions

• He has now raised a complaint with the Privacy Commissioner that Telecom has breached certain principles of the Privacy Act. We are confident this complaint will not be upheld.

Well we shall see but if they are so confident why did they withhold documents necessitating a second request for them plus as per above they may not have been completely honest with the privacy commissioner silly people

• Mr Evans-McLeod has not been represented by the EPMU since August 2009 and is acting as a litigant in person.

Correct cause its much cheaper then lawyers and it’s been a great learning experience their consul mr john Rooney puts me straight if I inadvertently overstep the mark I bear him no animosity what so ever he is just telecoms agent in this matter and under instruction from telecom

Since becoming aware of Mr Evans-McLeod’s letter to you, we have again requested that he not contact any Telecom officer or employee directly regarding the issues he has with Telecom and that all such correspondence be directed to our solicitors Simpson Grierson. We do not consider that a response from you is necessary, but wanted to give you an informed choice in the matter, as Mr Evans-McLeod is both determined and persistent in his attempts to find a forum to discuss his grievances. If you would like further

background information please contact . •and I

,‘ in the Media Relations team are also familiar with this matter should you wish to consult about a response.

Page 2 of 2 Memo to Board PE-M (final)

Will it be the final memo to the board no once i have the substantive evidence i require this letter will be returned to the board a full explanation of what really went on supported by affidavits witness statements etc etc

IT IS EASY TO WORK OUT THE WRITER OF THIS MEMO AS THE USUAL TRAITS OF LAZINESS AND NOT QUITE TELLING THE FULL STORY ARE APPARENT WITHIN
SHOWS YOU HOW SPINELESS THE HR PEOPLE ARE HAPPY TO BAG YOU TO ALL BUT LACK THE GUTS TO LEAVE THIER NAME ON PAPER
NEVER MIND THE BOARD WILL KNOW THIER NAMES WHEN THE THEY ARE THE LEAD STORY IN THE MEDIA

am i worried about going to court no not one bit in fact i cant wait as it will provide a forum to trap them once again telling lies only this time it will be called perjury and that carries a punishment called jail
wots jail 3 hots and a cot i can cathc up on my reading

Being challenged in life is inevitable, being defeated is optional

I shall not fear anyone on earth.

I shall fear only God.

I shall not bear ill toward anyone.

I shall not submit to injustice from anyone.

I shall conquer untruth by truth.

And in resisting untruth I shall put up with all suffering.

Mahatma Gandhi

Saturday, September 18, 2010

ethics

Telecom has a code of ethics unfortunately in my case ,the words on paper were clearly disconnected from the reality of the experience, nobody was interested in honesty and integrity just wasn’t a concept they were familiar with at all really , all had their own agenda, for their own selfish ends

You tell one lie you have to tell a thousand more to cover it all up

In the coming weeks as things slowly unfold you will find that four or five people will become very aware that there is no such thing as a minor breach of ethics you are either honest or your are not

They are now in the system, they cannot un ring the bell, the legal process now in play will find them wanting caught up in their own web of lies expressed in their own words

Friday, September 17, 2010

tell it like it is

have just changed my label detailing the automatic deduction to telecom for payment of costs that appears on thier account to 30 pieces of silver CAUSE THOSE FUCKERS BETRAYED ME a little reminder for the next 50 weeks ON A WEEKLY BASIS

LIKE JUDAS THEY GOT EXPOSED FOR WHAT THEY REALLY ARE

the tide has turned

It has been an interesting couple of days but at last the stress as gone i have just had it confirmed by a very reliable source that they have breached the law

These four people had their heads so far up their own arses that they made some bad mistakes they have been getting away with it for so long they believed their position of power would protected them and a forced mediation would be the end of it

They thought no one would challenge them, that they knew the rules and the law better than anybody else wrong wrong wrong wrong

As soon as i saw that i was being micro managed i knew they were targeting me so after i stormed off the site i calmed down an thought it thru

Realised my job was gone Realised someone was conducting a personal vendetta against me , Realised what i was up against, and laid trap after trap

I warned them three times back off don’t do this don’t take me for a fool because I’m not all the while stepping them thru my carefully laid plan

YOU SHOULD HAVE WORKED IT OUT RIGHT AT THE START WITH THE NAME OF MY BLOG

THE CLUE WAS STARING YOU IN THE FACE YOU WERE TO ARROGANT TO SPOT IT

BECAUSE THAT ALL I HAVE DONE IS

HOISTED YOU WITH YOUR OWN PETARD

YOU DID IT TO YOURSELVES

Well three of you are well fucked now and I’m working on the fourth

power doesn’t develop character it displays it

Your jobs are gone it is quite simply all a matter of time best you resign now

telecom is going to drop you like hot coals your acts of dishonesty and lack of integrity are going to follow you all the days of your lives

Warren Buffet said “ you find out who’s swimming naked when the tide goes out” well you fuckers the tide is on the turn IT NOT GOING TO BE A PRETTY SIGHT

You have no one to blame but yourselves and your lack of honesty and integrity your own moral compass put you on the wrong path and now you are on the rocks

Am i gloating you betcha

Don’t fuck with old people that have time on their hands especially me

Wednesday, September 15, 2010

Request for postponement aproved

The Authority Member, Ken Anderson has asked me to relay the following message in reply to the applicant's request for a postponement of today's conference call.

"The Authority is in receipt of a letter from Mr Evans-McLeod attached to an email dated 12th September 2010. Additionally, there is a letter from the office of the Privacy Commissioner dated 3rd September 2010. Having perused this correspondence, it seems appropriate that the conference call set down for 2:00p.m. today is postponed, and the investigation of the Authority is suspended.

While at this stage in the proceedings, the Authority is unaware of the relevance of the information that Mr Evans-McLeod is seeking from Telecom (via the office of the Privacy Commissioner), the preliminary view of the Authority is that Mr Evans-McLeod may have some difficulty in regard to surmounting the jurisdictional barrier that currently appears to exist. Perhaps he may wish to seek professional advice about the merits of his application (and possible costs implications) before proceeding further within the Authority."

Telecom will be well aware shortly as there is a very very very high probablilty that they may have lied to the privacy commssioner heads will have to roll on that one im afraid more on that as information comes to hand

how do i know because in they acted with honour and intregrity as required by thier own code of ethics (A) should have occurred it didnt so (B) MUST HAVE SO THEY ARE TELLING POKIES

have recieved notice that they have finally complied with the privacy commissioner requests it
as for

the preliminary view of the Authority is that Mr Evans-McLeod may have some difficulty in regard to surmounting the jurisdictional barrier that currently appears to exist. Perhaps he may wish to seek professional advice about the merits of his application (and possible costs implications) before proceeding further within the Authority."

thanks very much for the heads up

have now got some lawyers across it helping me out pro bono that laywer speak meaning its free yippeee one is very interested in the case,

as disccussed with a friend to day it is surprising the people who will help if you ask in the right way very interested in my blog ,my efforts and the unquie angle i am approaching it with

oh yeah had a mediation meeting with telecom today do NOT ask me any questions all confidential not allowed to discuss it

Request for postponement

Request for postponement

To the employment relations authority

Under section 221 of the Employment Relations act 2000

I respectfully request a postponement of the conference call between the parties scheduled for 2pm Monday 13 September and an extension of time in regards to the matter before it namely File number 5315212 Paul Alan Evans-McLeod Applicant, Telecom New Zealand Respondent

To enable the authority to more effectually dispose of the matter before it according to the substantial merits and equities of the case I had the intention of providing substantive details which in part was/were dependant on the findings of the Privacy commissioner in a case before it (their reference c 122243) relevant to the current proceedings

I had every expectation of the documents being available unfortunately at the time of filing I was unaware that Telecom had requested of the Privacy Commissioner and been granted, an extension of time

Unfortunately as supported by the attached letter from the investigating officer Sarah Thompson, her office is still awaiting further information from Telecom and she is unable at this point to confirm an exact time when it may become available

The outcome may or may not have great relevance as to your determination regarding such matters as jurisdiction, matters as under section 68 regarding unfair bargaining and whether good faith obligations imposed by the act have been complied with

And whether I was induced to enter the agreement and mediation by oppressive means, undue influence or duress with regards to the fairness of the disciplinary procedures/actions used against me

Indeed the rulings of the privacy commissioner and any subsequent agency such as the human rights commissioner who may or may not become involved may possibly negate the requirement for the employment relations authority to be involved

Thus the request for an extension is lodged so all parties can make such directions as are necessary or expedient in the circumstances

my mantra

Let the first act of every morning be to make the following resolve for the day:

I shall not fear anyone on earth.

I shall fear only God.

I shall not bear ill toward anyone.

I shall not submit to injustice from anyone.

I shall conquer untruth by truth.

And in resisting untruth I shall put up with all suffering.

Mahatma Gandhi

Wednesday, September 8, 2010

telecoms a pedantic bully

all correspondance as per above post removed at the request of telecom

Dear john

Done

Warm regards

Paul

From: John Rooney [mailto:John.Rooney@simpsongrierson.com]

Sent: Tuesday, 14 September 2010 5:33 p.m.

To: 'Paul Mcleod'

Subject: Telecom - Without Prejudice Correspondence [SGDMS.FID361431]

Dear Paul,

It has come to Telecom's attention that on your blog you have posted without prejudice correspondence between yourself and Telecom. The correspondence relates to Telecom's application for a compliance order and the parties' attempts to agree on terms to resolve the payment of the costs award. This correspondence is privileged and confidential to the parties. Telecom has not and does not consent to its disclosure to any other person or to its publication. Telecom therefore requires the immediate removal of all of without prejudice correspondence from your blog. Can you please confirm this will be done.

Regards

John Rooney
Partner
Simpson Grierson

Level 27,88 Shortland Street, Private Bag 92518

Auckland, New Zealand, DX CX 10092

DDI: +64 9 977 5070
Fax: +64 9 977 5083

john.rooney@simpsongrierson.com
www.simpsongrierson.com

and as per the committment made by myself on commencing blog

Disclosure The writer of this blog holds no liability or responsibility for the views ,opinions, thoughts ,and statements added by any and all other participants in this blog and any others that may be added at sometime in the future I'm a mellow easy going friendly person, happy to help anybody with anything if it will make their life just a little easier, but you fuck me over, I rarely forgive and never ever forget any body that feels inpugned or tarnished or believes any statement is untrue, or unjust, is free to comment or request the withdrawal of any comments; provided they can offer proof to substandiate their arguement They can leave comments as long as any allegations listed can be supported