Tuesday, March 30, 2010

what i will be requesting of telecom

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 and read upwards

this is the paperwork that i will be requesting of telecom ,after i present my submissions on thursday .unfortunately the telecom lawyer indavertantly via a miscommunication recieved the request a little early however no damage done

however careful reading and a little thought will expose what transpired in my ousting

the next post of the submissions will expose the lies



I request the following of Telecom, so as to substantiate the basis of my appeal to the authority.
• Details of meetings and meeting notes, including diary entries indicating the original complaint of non performance and issues raised by Shaun Hoult.

• All relevant documents pertaining to the completion and acknowledgment of achieving, an agreed outcome between myself and Shaun Hoult. It was agreed between us that the issue had been dealt with and resolved.

• Information, as to why the issue was raised again after being dealt with as per above.

Information with regard to the process of what prompted the instigation of micro- managing.

• The legality of same as asked for, when compared to requirements of health and safety amendment act 2002 .

Who’s decision was it to micro-manage me out. Micro-managing was admitted to on more than one occasion by all of those involved ,Ian Galloway, Shaun Hoult and Michelle Young.

Who’s decision was it to continue to micro-manage in spite of the obvious stress being placed on me as per my medical reports and expression of concern by my union rep as this I feel is breach of the Health and Safety amendment act 2002.

• All information gathered on myself by Telecom in relation, to all details presented to me, at the initial meeting that occurred with Shaun Hoult, Team Leader on said Sunday night in late 2009.

All records of all other staff employed on site covering, the same time period , matching the same criteria and intensity as mine in each, and every way (Micromanaged) It is my contention that the records requested do not exist, and even if they do they, will not cover the same format as alluded to above, therefore failure to produce this documentation would support my claim that I was singled out to be managed out. these measurements for Refer data set mentioned in meeting notes of 270709 there should be a minimum data matching the entire site.


To produce a full account demonstrating all other Customer Service Representatives that failed to match the criteria that I was judged , reprimanded and dismissed on. If it was a fair and just process there should be records of all employee dismissal’s that would match this criteria. Failure to produce same would again support my claim.


To produce a full account of the survey/report done by Terri Wilson, Call Center Manager. This demonstrates that no staff on the entire site were doing the job properly, and none were matching the expectations required of me, which again would support my claim.


To produce all of Michelle Young’s documents notes relevant to this dispute. This is to include full meeting notes of Ian Galloway, Shaun Hoult and any meeting notes or other correspondence between all the above and others directly relating to this dispute. As meeting notes will show that I was continually told others were achieving, and I was not by Michelle. When I asked for verification of same Michelle quoted the privacy act as her way of not providing the information. Surely as a standard measurement procedure names can be removed and the information will still be relevant. My contention is that this did NOT exist and was used as a way of undermining my confidence and a way to exit me. Therefore if this information does exist, it can still be produced now.


As this is a process of listening into calls using a set criteria there is a opportunity to preempt the result as part of the micro management. An independent audit of this data would give further credence to the fact I was singled out for a predetermined result.


All conversation notes ,emails dairy notes correspondence to/ from all related parties including, human resources ,legal opinions and others to include same between all participants inclusive of Bridgette Dalzell, Michelle Young ,Shaun Hoult, Iain Galloway ,Hannah Sullivan Peter Cooper-Davis Sandra Cleaver , Dr David Prestage, the Department of Labor, Sheryl North , Trish Keith ,Debbie Herlihy ..Bryan Abraham These are required to prove or disprove the culpability of individuals in the decision to micro manage me out.


• Telecom's counsel indicate the documents are required to be confidential, individuals privacy not directly relevant to the various events will be respected, I am aware that these proceeding are open to the public and wish to exercise that opportunity. As stated in previous emails my name has been impugned, Telecom has tarnish my reputation for honesty and integrity my departure is the subject of discussion on the internet “facebook” where mention is made “I left under a cloud “ it is my intention to prove otherwise by any means at my disposal.


Refer email sent 230709 Michelle Young . These are serious issues I raised as to the legality of the micro-managing process I was being put through. The response was not to address the issues, but to concentrate solely and immediately on a process to exit me, confirmed by Hannah Sullivan’s responses, so whose decision was it not to address the issues.?
• Please provide the documentation. Of these discussions


Meeting notes .270710 in your own current attachment indicate I was invited to “raise any queries” Difficult questions were constantly asked of management yet to my knowledge none received the serious attention they required, none where answered .Telecom failed in their own promises to me why ???? They perhaps failed in their legal requirements to me.


It is clear they were becoming frustrated and saw the mediation as a process to achieve their requirement, fully aware that mediation would be the result of a final written warning if fact Iain Galloway had indicated to me in a discussion outside the building that this would all end in mediation and so it did


• I emailed a copy of my discussions with Bryan Abraham national manager health and safety to Iain Galloway which should be indicated the meeting minutes (where are those meeting notes please provide) of same are any notes emails memo between Iain and Bryan indicating that Iain was seeking to address my question. His failure to peruse or produce gives credence to my contentions that the whole process was predetermined please produce the documentation, as it is central to my argument.


Please ask of telecom dated documentation pursuant to any hazard control plans they had in place as required by law to deal with stress as a hazard in the work place and why these were not presented to me in rebuttal to my queries regarding same? Did they in fact exist? Where they presented to the department of labor ? If not why not? Where are they ..if they weren’t presented or do not exist then telecom may be found in default under the employment act Para 235 obstruction (1) (a) (b).

• I is my contention when all records are produced in the strict chronological order I requested, that the inadequacy of the process will become clear; which if why I feel they fall inside the category

Privacy act breach A request was made to Hannah Sullivan (HR) Telecom; for an explanation regarding the failure to follow the precepts and principles of the privacy act this request was made via privacy officer for telecom Tanya Bowers pertaining to Bridgette Dalzell accessing and reading private correspondence. This correspondence was between myself and “lawyer”.
The document produced amounted to at least 12 pages and it was my request to Tanya Bowers that each and every question be answered specifically, as this is the agreed standard that telecom was requiring from me 100% correct 100% of the time. The timeframe was indicated that the information was to be given to me before 1 April 2010 and to date I have not received the required results. Please pursue

thier response
Dear Stephen,



Telecom is satisfied it has complied with the Member's Minute of 16 March 2010. It does not consider the vast amount of documents requested by Mr Evans-McLeod to be covered by the Minute. It appears Mr McLeod wishes to reopen issues that pre-date the signing of the mediated settlement agreement which is clearly not the purpose of Thursday's investigation meeting.

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

it all up to the meeting on april 1 and the strength of my submissions




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





Tuesday, March 23, 2010

they are slow to repond

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 i sent off a reminder to wayne peat head of hr telecom ,the lawyer and the authority

see what happens now

To all
I forwarded the following to John Rooney of Simpson Griesron Telecoms consel in my current dispute yesterday

As time is of the essence and I have not received to date , any acknowledgement of reiceipt of email , I am forwarding it to you ,for your prompt attention

I have no desire to waste the authority,s time ,please advise if you are able to meet Vicki,s requirements within the time allowed
Or have John on your behalf organise another appiontment suitable to all partie,s


Please acknowldge reicept of email

Thank you for your help in this matter

Paul Evans-McLeod


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

Monday, March 22, 2010

a busy week for some one

letter to telecoms lawyer this will prove who has been doing thier paper work properly there are some subtle traps in this request and im not requesting it vicky campbell is as a member of the authority so if they want to play games with her so be it



John

Good afternoon

Subject to paragraph 3 of members minute 160310
Request from Vicky Campbell

Would you be so kind as to request from telecom 2 copies of any and all correspondence relating to the raising of the personal grievance which was the subject of mediation 18 august 2009

These are to placed in chronological order starting with the initial complaint from my team leader in which he addressed my non/under performance, his acknowledgement of the improvement and subsequent ceasing of performance management by my team leader as he had indicated I had reached the required standard .

The dates and times and all other relevant information relating to the above request all meeting notes (coupled with start and finish time of each meeting ,and indication of the immediate outcome of meeting i.e. was I sent home due to becoming upset or distressed)

All conversation notes ,emails dairy notes correspondence to/ from all related parties including, human resources ,legal opinions and others to include same between all participants inclusive of Bridgette Dalzell, Michelle Young ,Shaun Hoult, Iain Galloway ,Hannah Sullivan Peter Cooper-Davis Sandra Cleaver , Dr David Prestage, the Department of Labor, Sheryl North , Trish Keith ,Debbie Herlihy .Bryan Abraham,
Subsequent from that time up to but not including the mediation


Could these please be available by C O B Friday 260310




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

Saturday, March 20, 2010

spot the difference

Paul Reynolds says "piss" and "shit" on a nationally viewed 60 minutes program.

Paul Evans-McLeod says "bugger" on a call

One recent arrival with $7,000,000 salary and an XT failure

Other 39 years service disciplined out of a job....

Takes a bit of thinking through this one

Tuesday, March 16, 2010

this should cause an upset

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


Recieved a note from the employment relations authority its called a 'members minute '

stating that as my aplication didnt specify the relevance as to why certain documents were requested that they would not be required to be produced at the investigation meeting 1 april 2010

on well its all a learning experience when you are puddling along on your own

so here is my reply

Stephen berry is the support officer for the employment relations authority


















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









Stephen

Being entirely new to this process I was unaware that I was required to specify relevance to my application

The attachment will provide same, be advised that said attachment form only part of my submissions

Would you be kind enough to forward to the relevant parties to ensure my requirements are met for the first meeting I feel the failure to produce same would bring credence to my claims. and bring about an early resolution to the matters before us

I have no desire to further waste the authority time


Warm regards

Paul Evans-McLeod

File number 5294885
Statement pertaining to relevance of documents requested for investigation meeting April 1 2010

1. I refute their claim paragraph 4 (d) of statement of reply


‘’ that the second third and fourth respondents were, at all times, acting in the proper
Performance of their duties with the first respondent “

2. It is my contention that the respondents were “not acting in the proper performance of their duties” in that they failed to offer me, as required under the act, “the same terms of employment and conditions of work as other employees with the same or similar qualifications, experience or skills working in the same or similar circumstances “
3. Furthermore I suffered dismissal, discrimination, humiliation and detriment by the employer and their representatives (the respondents) in circumstances in which other employees doing the same kind of work are, where or would be treated in the same way.

(a) All information gathered on my self by Telecom in relation to all details presented to me at the initial meeting that occurred with Shaun Hoult, Team Leader on said Sunday night in late 2009.
(b) All records of all other staff employed on site covering the same time period matching the same criteria and intensity as mine in each, and every way (Micromanaged)

(c) It is my contention that the records requested do not exist, and even if they do they, will not cover the same format as alluded to above, therefore failure to produce this documentation would support my claim that I was singled out to be managed out.

(d) To produce a full account demonstrating all other Customer Service Representatives that failed to match the criteria that I was judged, reprimanded and dismissed on. If it was a fair and just process there should be records of all employee dismissal’s that would match this criteria. Failure to produce same would again support my claim.

(e) To produce a full account of the survey/report done by Terri Wilson, Call Center Manager indicating that no staff on the entire site were perceived to be doing the job properly, and none were matching the expectations required of me, which again would support my claim.

(f) To produce all of Michelle Young’s documents .notes relevant to this dispute



TO ALL STAFF READING THIS BLOG THIS IS WHAT THE LAW REQUIRES OF YOU BOSS.ES SOME FEEL THEY ARE ABOVE THE LAW THEY ARE NOT

YOU DONT ALWAYS GET JUSTICE YOU DO HOWEVER GET THE LAW NO ONE CAN AVOID IT THESE PEOPLE RELIED ON BULLYING TATICS

IM FIVE FOOT TWO INCHES I HAVE BEEN BULLIED ALL MY LIFE

I CAN SPOT IT A MILE AWAY

THEY MISJUDGED ME

THESE PEOPLE ARE STUPID, IDIOTS

THEY FAILED TO ASCERTAIN THAT THE SAME DRIVE IN ME THAT DROVE ME TO BE TOP REP ON SITE THREE YEARS IN A ROW , WOULD NOT CARRY OVER TO ALSO DRIVE ME WHEN I PERCIVE I HAVE BEEN DONE AN INJUSTICE

NOTE NONE OF THEM ACHIEVED ANYWHERE NEAR THE SAME PERFORMANCE

MAYBE THATS WHY THEY WENT TO MANAGEMENT ???


Tuesday, March 9, 2010

who gets to decide relevance not the respondants surely

have contacted the ERA to resolve not my call leave it to the experts



Dear Paul,

For the reasons set out in previous emails, the respondents do not consider the documents requested to be relevant to the two preliminary issues and will therefore not be providing them.

Yours sincerely

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



________________________________________
From: Paul Mcleod [mailto:paul.evans-mcleod@xtra.co.nz]
Sent: Monday, March 08, 2010 11:00 PM
To: John Rooney
Subject: please assist
Hi john

I also require all notes, memo emails any and all communications relevant to the discussion carried out between telecom representative’s either Sheryl North and Michelle Young and department of labor representative Dr David Prestage

warm regards
Paul




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

Monday, March 8, 2010

stephen barry has replied to my request and acted

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

now it is going to get interesting

stephen has replied to my requests and is getting an authority member on to it to sort telecoms legal consul out

so now telecom will be forced to supply the details requested previously

they are going to hit the roof

they are required to supply

answers to approximately fifty breaches of the privacy act

who esle apart from brigette dalzell was across my emails who also breached the same fifty breaches

The authority as written to me with pursuant to the next part of the process I am required to provide the following in time for a conference call between all parties and their representatives scheduled for 11.3O am March 4

1. attendance at mediation
2. discussing the time date and venue for the investigation meeting
3. timetabling of information to come to the authority
4. identify the number and identification of witness
5. checking the remedies sought
6. outlining the process of the investigation meeting ,clarifying any issues

I require from yourselves, to enable me to fulfill the requirements of item 4 ,

The number and identity of all attendees to all and any meeting in which Bridgette Dalzell was in attendance including all or any “boot camps” “conferences” .conference calls “. team meetings” in fact any action

Any and all team leaders that where on site while Bridgette Dalzell was in attendance and or at the Hamilton site in the time period that Bridgette was acting as seconded national manager and or any other time she was on site or in attendance

Including any and all recipients/participants of any emails, memos, notes voice calls ,one on one meetings that are pursuant to the above concerns in all matters discussed


I require copy’s of all medical details /certificates/doctors notes etc, plus a copy of the issues I was dealing with in my personal life received by you from me and a note of the dates received at your ,earliest possible convenience


1
All information gathered on myself by your department in relation to all details presented to me at the initial meeting that occurred with Shaun Hoult my team leader on said Sunday night in late 2009

2 All records of all other staff on site covering the same time period matching the same criteria and intensity of research as mine in each and all and every way please produce a full account indicating any and all that failed to march the same criteria that I was judged and reprimanded
on

3 Please produce a full account of the survey done on the entire site by Terri Wilson call center manager





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