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

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