Leadership
Some leaders who rise up the ranks start believing they are beyond reproach and that the rules do really apply to them .their confidence looks more like arrogance or hubris .
They don’t get much needed critical feedback from others or they don’t listen to it some are able to turn things around but others never do
Those who make a comeback tend to own up to their mistakes by taking responsibility for them sincerely apologising and making restitution other continue to deny the did anything wrong and place the blame elsewhere
Trust is central to credibility and once it has gone it is difficult to regain
Letter to Bryan Abrahams Telecom National Manager Health and Safety
A copy of same has been forward to Paul Reynolds
I view these matters extremely seriously and have the expectation that Telecom will be equally appalled
It is my expectation that they will be fully investigated and addressed urgently
As the allegations have been substantiated by the emails produced by the participants involved, there remains little doubt of their involvement and guilt.
All participants were fully aware of their requirements under law; it is part of their job requirement to make themselves fully cognisant
Simply put it appears that Telecom staff members may have acted illegally, they have certainly brought the company into disrepute
It is again my expectation all will be resolved within the next fourteen days, beginning with an apology from each of the participants
I expect Senior Telecom management to act with honesty integrity and transparency (contrary to the actions of your subordinates) as the resolution to this matter may well become available to public scrutiny
Warm regards
Paul
Subject: Staff ignoring telecoms national manager health and safety instructions leaving telecom exposed
Bryan/ Paul/ Rowan
AS national manager telecom health and safety I am advising you that staff acted contrary to your instructions completely, with regard to their handling of me thus leaving telecom exposed to all sorts of legal ramifications
I’m going to take you step by step through the process I was put through, detailing each step with corroborating evidence, (rather than giving you piles and piles of attachments I will advise you of the date and time of documents which I can produce)
Please remember at all times ,this eventuated, because I declined to be admonished a second and third time for some minor misdemeanours that had already been admitted to apologised for and remedied , with the apology accepted and the remedy acknowledged.
This sorry state of affairs started with a meeting of with my manager Shaun Hoult on a Sunday night mid to late November 2008 (I worked the weekend shift ) where I was presented with a performance review; going back in retrospect approximately four months. That in its self is contrary to best practice according to labour department guidelines for disciplinary matters
A very quick perusal indicated immediately to me that it was flawed and patently an ambush, whose purpose was to exit me out of the company .I indicated same to manager which elicited evasive answers.
I felt myself becoming very angry and left the work site
I presented to the Dol .a hazard risk or potential hazard identification and control/management form on the 19th of the December 2008 indicating that the hazard was “stress’ induced by deliberate acts of workplace bulling requiring management to recognize stress as a hazard along with an investigation form to be used to investigate work related accidents injuries incidents including near miss incidents accompanied by a form or register or notification of circumstances of incident ,injury accident or serious harm all of which alluded to the fact I was under a act of deliberate stress inducing work place bullying disguised as performance management
Telecom did not appear to have a hazard control plan for stress,(refer below Email Sandra cleaver to myself 81109 3.39 pm ) thus the above action was a means of self protection, and the only process available to me
Please carefully note the forms presented; the date they were presented; as I going to detail later how Telecoms employees coldly and deliberately put me in harm’s way
Now these documents in themselves contain glaring statements which Telecom staff failed to address
Serious harm requires a notification from the company i.e. Telecom
Can research provide/produce a form that predates mine from the company; this should have been a given from telecom management, an employee indicts serious harm; the first act they should have made would be to ask where is the notification of telecom serious harm form. Did the department of labour receive it? doubtful as I failed to receive said document as part of my request via the privacy commission for all relevant documents
On the 26 January Michelle Young site manager telecom 123 received a letter advising from the Department of Labour that the investigation revealed no breach of the health and safety employment act 1992 .
The sloppiness of the DOL investigation and the fact that there were no perceived consequences; gave Michelle Young site manager , carte blanche assisted ably by her National Manager Bridgette Dalzell , National HR Rep Hannah Sullivan ,Site HR Rep Iain Galloway and Shaun Hoult Team Manager to put me in harm’s way for the next eight months.
Please bear in mind I had just returned to work from a heart attack this coupled with the fact they were fully aware I was manic depressive and had suffered in my past three complete breakdowns refer Michelle’s Young file notes 091208 Paul reviewed for me his medical history including bipolar
The micro-managing continue unabated for the next eight or so months, the performance management became a self-fulfilling prophecy as despite my best efforts and intentions I failed to meet their stated expectations requiring me to be 100%right 100percent of the time
To say there was no breech completely and utterly astounded me.
Telecoms actions that post dated this investigation show they were in fact aware that stress was a hazard that should be addressed
Details; which I will present they were caught with "their pants down" and moving in the background to cover their backsides while happily paying lips service to questions asked by various agencies including your own department with HR spin.
They were telling people one thing, the thing they ascertained, that the people such as you wanted/ needed to hear while emails between themselves and other indicated a completely different scenario.
To put it bluntly they conned you and held you and your process and your office in contempt. And they thought they got away with it
So let’s start with the premise that micro-managing is stressful in fact by its very intent and nature it’s unachievable to comply with.
So following logical path, we acknowledge that micro managing is a form of workplace bullying, workplace bullying is stressful, stress in the workplace is a hazard and as such can be depending on certain criteria; considered serious harm which is not allowed and has to addressed under the various Health and Safety acts
At a meeting in late September early Aug 2009 I quoted to them that they were in breach of the law under the Health and Safety act
I indicated the same as above that micro managing is a form of workplace bullying, workplace bullying is stressful, stress in the workplace is a hazard and as can be depending on certain criteria considered serious harm which is not allowed and has to addressed under the various health and safety acts.
I said do you realise, that you are liable to up three years jail and up to $500.000.00 fine for doing this to me, that is you, not telecom the company, but you as individuals.
This after correspondence with yourself
I then left the room to leaving Peter Cooper Davies of the EPMU my support person, Iain Galloway Telecom HR and Shaun Hoult Telecom team leader, alone in the room in part to forward the relevant email from yourself to reinforce my comments that my information came from your good self these where forward to Shaun Hoult and Iain Galloway
Peter my support person said they in my absence showed considerable distress with regard to this information.
So to get me out of their hair, after suddenly realizing they were exposed, they rushed a final written warning, (I can’t recall getting a second written warning perhaps you department could investigate) which forced me to a mediation where the confidentially of same, prevents me advising what happened.
I exited the company.
Remember the date of the forms I sent 19 Dec 2008
Here is where I hold telecom accountable for placing me in “harm’s way” if the Dol,s agents are comfortable in saying they found no breech of the health and safety employment act 1992 then one is safe to assume they have made sure that telecom is fully cognisant of their requirement under the act in fact the same letter acknowledges exactly this
“As you are aware we met with Telecom representatives during the investigation, and advised of correct procedures, and measures that will ensure your company is complaint with the requirements of the Health and Safety in Employment Act 1992”
One would then have to ask themselves why all parties in this dispute choose to ignore it over the next seven months.
Especially Michelle Young as she was the recipient of the letter did she do it of her own violation or did she do it at the behest of her direct report Bridgette Dalzell either way this question would form a comprehensive part of your enquiry
Further to that I present, some excerpts from emails Indicating that all staff knew about stress and fatigue in the work place as it is a requirement of their employment to keep themselves up to date
July 31 2009 Sandra Cleaver to myself email
In answer to your question the stress and fatigue paragraph has been on the current exchange site (internal information board ) under hazard since it was created in mid 2006
Note well prior to my concerns arising
Email Sandra cleaver to myself 81109 3.39 pm note date
“ I can confirm that the hazard forms around your recent incident notifications have been forwarded to the company health and safety office and that as a result a company generic hazard control plan for stress and fatigue is being prepared “
What !!!!!!!!!!!!!!!!!
On the 26 January 2009 Michelle Young site manager telecom 123 received a letter regarding the investigation advising from your department that the investigation revealed no breach of the health and safety employment act 1992
And they didn’t have a hazard control plan in place?
You are kidding.
It’s a requirement of law..WHY NOT?
Now let us address a serious failure in which I REQUEST a full enquiry. And they be held fully accountable ,they choose to ignore it all both the DOL and your instructions this put me in serious harm for month after month while I desperately searched for a way out while trying to manage my health isuues
Only after a long and protracted battle via the privacy commission did I finally gain the relevant documents to prove my case
Work place bullying is unwanted and unwarranted behaviour that a person finds offensive intimidation or humiliating and is repeated so as to have a detrimental effect on a person’s dignity safety and well being
Now you think these people involved in my dismissal, who all invested a lot of time and effort would make sure their tactics where legal especially after the involvement of the Department of labour
Added to the fact that you yourself the National Manger Health and Safety for Telecom had advised them that.
“If Paul has provided medical(or provides a medical in the future that does specify a stress related impairment that specifically links the impairment to the work place ,then the notification would come under temporary serve loss and as such would be needed to be reported to the department of labour as serious harm
This was provided on more than one occasion as below and well before my exit date yet they failed to stop
BUT despite this these five carried on regardless for clarity lets recap who they where and the positions held within the company
Bridgette Dalzell National manager telecom: who because of her position had over site of the whole process?
Michelle Young site manager 123 call centre Hamilton Bridgette Dalzell was her direct report./manager
Shaun Hoult my team leader Michelle young is his direct report/manager
Iain Galloway site hr manager
Hannah Sullivan head office hr
They believed they were above and beyond the law unfortunately they didn’t factor my requests to the privacy commissioner into their thinking
The courts set out the following test for establishing liability for workplace stress:
An employee needs to show they have suffered an injury to health (psychiatric or, at least in New Zealand, psychological damage) which:
- is attributable to stress at work (rather than other factors)
- was reasonably foreseeable. (Reasonable foreseeability comes down to the nature and extent of work performed by the employee, and the signs from the employee that they are facing an injury to their health.)
The injured employee must show that the employer's failure to take steps it should have taken (that is, breach of duty) has caused or materially contributed to the harm suffered. It is not enough to simply show that workplace stress has caused the harm. Note that this test will apply to both contractual (employment) and negligence workplace stress claims.
So some excerpts from emails between the participants these show in their own words their failure their breach of duty if fact they serve to show a celebratory tone as to their success in beating me into submission the direct opposite of their legal requirements
Self to Sandra Cleaver
Tues day 11 Aug 2009
The actions of managers at the last full meeting I had with them resulted in myself suffering severe chest pain and a visit to the doctors an ecg and an hour on oxygen immediately after the meeting in fact within 30 minutes of leaving same meeting
At the same meeting I was advised by those same managers present seeing the stress I was under to take the rest of the day off
04 June Dr Linda Priest MY DOCTOR ,to HEAD OF HR note date
Paul has keep me informed of the conflict he is experiencing at work ,the energy that this requires an I am concerned that the pressure he is facing at work are impacting on his health and in particular he is reaching a burn out situation which may lead to significant health deterioration
Shaun responds to Lynda priest with a letter giving her a kiss off telling her what she needs or wants to hear
For the last 7 months Paul has increasingly struggled to deliver what is required of this role
Yes well you get that with micro management they where requiring me to be 100% correct 100% of the time
And asks “again whether there are additional actions and or support for Paul we could provide which will support his recovery”
We are focused on supporting Paul to the best of our ability and would value your input and guidance to facilitate a successful way forward
YET Bridgette Dalzell comments that “Shaun and Michelle have a nice rhythm going”
Dr Linda Priest 18/06/2009 to Shaun note date
Advising Shaun of medical concerns AND “the repair of the working relationship is paramount to relieving stress levels and allowing Paul to function at full capacity
14 Aug Dr Jonathon Phillips
I am writing regarding Paul current work situation and the tension that is going on
He is definitely under stress as a result of the conflict with managers at work
This work relating stress is causing anxiety and early depression .it is also making him angry
He has been in here with chest pain as a result of his stress so it may well be contributing to a worsening of his ischaemic heart disease also
Trish keith to Bridgette Dalzell email 14april 2009 Trish keith is the General manager
“And Paul obvious distress “
Indicates that both the General Manger and National Manager are aware I’m in distress yet nothing is done WHY, all parties are in collusion rather than addressing the concerns as the law requires, there appears to be an acknowledgment of the success of their actions to the detriment of my health and job
Peter Cooper-Davies
To: Michelle Young
Cc: Paul Mcleod; Paul Evans-Mcleod
Subject: Declined: Meeting on 27th July 2009
Hi Michelle,
At the last meeting with lain and Shaun it was agreed that Paul was making good improvements in his work and that there would be no need for anymore meetings unless there were new issues to discuss.
I also emphasized at that all these meetings have put immense pressure on Paul by being micro-managed (from our prospective) to the point where all the company seemed to be doing was trying to find fault in his work. The company has been well aware of Paul’s health issues (heart attack last year), family bereavement and what impact that has had on him. Add the stress of this current process which cumulated to the point where Paul had to go to the doctor’s because of chest pain after one of the recent meetings which is just one example of how serious this issue has become.
I also believe that this is the biggest contributing factor relating to Paul’s performance as presented by telecom. We are going to raise this through the appropriate telecom process which we are currently putting the documentation together for. To present this correctly we need copies of documents that show the dates/times of previous meetings, who attended and also copies of the minutes. Could you please email these so we can get this paperwork together and forward it to the appropriate people.
regards,
Peter Cooper-Davies
EPMU District Organizer
Hamilton
So July they are being told in no uncertain terms but they still continue
rage I or Z
Sent: Tuesday, 4 August 2009 11:39
To: Michelle Young
Cc: Paul Mcleod
Subject: RE: Response
Michelle,
I sent a letter to Shaun dated 30th July 2009 as he was the author of the disciplinary letter couriered to me. We have stated, on more than one occasion, that the process that telecom have conducted around Paul’s performance has been unfair and causing him undue stress.
You continue to push this process even though you are fully aware it has caused Paul stress at work and home. I have tried to get you to understand what this process is doing in regards to Paul’s performance and his health but this seems, from my perspective, not being considered in your decision making.
Paul has had no other option but to now raised this through telecom’s own procedures and has instruct the EPMU to represent him regarding a personal grievance he now has with the company.
As stated in my letter to Shaun, I will be applying to the Labour Department’s mediation service to find a resolution on this matter and other issues which have come to my attention.
I will be forwarding a letter stating what the details are around this grievance for your information. Until then I have instructed Paul not to sign any documentation or meet with the company on this issue until we get to mediation.
Regards
Peter Cooper-Davies
EPMU District Organizer
Hamilton
Mob: 0275 900047
0800 186 466
So Bryan pretty clear that they were all aware of the effects on my health but continued to put me under extreme stress.
I was so concerned and unsure that I wondered what would occur first, a complete mental break down or a heart attack.
Such was my fear that one or other was going to happen I had conversations as to what I required if the stress and impact of same resulted in a major medical event and my death
They are in breach of so many laws I require that you open an enquiry and hold them accountable and that telecom set things right
Not to confront issues of wrong doing is to condone it.
Failure to do so on telecoms part has ramifications I don’t want to contemplate or for that matter enter into
When all that is required is for telecom to do the right thing
Paul Rowan Bryan the ball is in your court
The choices are do the right thing, do nothing, do the wrong thing
Be very aware some if not all of the names below are the subject of a still open complaint for fraud with the Hamilton police
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 centre manager Hamilton call centre, whom is Shaun Hoults direct report at time of incidents
Shaun Hoult: team manager weekend team Sat-Tues Hamilton
Iain Galloway HR representative for in Hamilton
Hannah Sullivan HR representative head office
