So what will be the actions of the other side once we get into battle we will tick them off as the drama unfolds
They will tell me that I have been failing as a rep for a number of years (that will be their fault as for five years they haven’t addressed the issues that lead to this perceived failure)
No doubt telecom is scouring the depths of everything in all their computers that has my foot print on it they will then go over it page by page to detect any perceived misdemeanors
Which no doubt over my long history they will find me I have no concerns about that as long as they investigate all others on site to the same degree of intensity
They will probably bring up the amount of spam I sent about as I was known as the spam man on site and people where asking to be on my list
This was highlighted by some sycophant , to Michelle very early in the piece but not addressed until they decided to drop the hammer and beat me over the head with it
Happy for them to bring that up as long as they apply the same criteria to senior management and by that I mean more senior management that exists on my site
The will have Franz van zoggle aka zoggie doing the usual covert dossier, on me nice bloke Franz have no issue with him he is just doing his job
As to my internet use when I should be doing my job yeap I will cop to that as long as the run a url report on everybody else in that will show them all other that where breaking the rules
While I was going thru this I sat an watched another team member in trade me news sites etc.
I highlighted the fact to Shaun to say boot that arse if you are booting mine never happened they were concentrating on me only in the team
I bet the shredders are working overtime NOW
The worst one was the team leader who was constantly caught looking at anal porn on his computer . my work mate beside me would go on no not again
I would say. what now?
he would flick his head toward the team managers screen
This was the same team leader that got caught having sex on work time with a call center manager so I guess there are different rules
He finally got the shove for using one team leaders log on .on another team leaders computer to credit his home acct rather than pay the bill
oh dear the quality of our leadership to the public this is the quality of some of the people that have access to your details
I have keep a dairy for 12 years hand written not emailed when all this is over I may write a book about my experiences
Like the young lad about town who quite frankly would shag a barbers floor if the wind blow he would pick up a slapper from the pub next door and use his work card to enter the building a do the business across the site managers desk or chair
Another chappie of found himself with no fixed abode for a while he was very diligent at work all ways first to arrive and last to leave no one could beat him found out why
He had made his new home the sick bay until he was finally caught so much for security of the customer details
Then there was the team leader who worked the late shift and completed all her law assignments while running the team how did she find the time
One trick she used and was never caught out with was this
Every month team leaders are required to do reports on the individual team members
So this sharp young lady did a couple of very comprehensive ones for the first couple of months and was no doubt praised for her efforts
The remainder of the year she just cut and pasted and recycled the same comments around various members of the team
Senior management never caught on
And then there is the drugs if they sent the dogs in they would get a surprise
But this is what happens when a team member alerts the team leader Shaun that another team member in the same team is perhaps using during the lunch hour and nothing is done about
God help them if they do a urine test
I think the title will be Confessions from a Call Center one man’s journey thru the treachery of corporate culture
All this because someone decided to target me and force me out when time and time again all I asked for was to be treated in a fair and equal fashion and judged with honesty ,transparency and integrity amongst my peers
Nothing more nothing left they tarnished my name by their actions I’m fighting to clear it and for the poor younger ones that have had the same done to them their health wrecked and their self confidence destroyed
Me I’m at the end of my life, with life behind me they in their profound stupidly have left me with absolutely nothing zilch nada
I thought I could put in behind me but as stated previously the same comments come up when I apply for the a job
Why did you resign form a job in the middle of a recession and why resign after so long in the job
Because of the confidentiality clauses I have to fudge around the answer and that alters the whole tone of the interview how bad does it get I did three hours of tests for one job scored 86% shortlisted to two and lost out
The only positive was they complimented me on having such I high score but high scores don’t put bread on the table
So it looks like the dole for me till retirement age.
If I can hold back my depressive illness at bay and I don’t succumb to the horrible thoughts that rattle around in my head
I get up each day into a house that is a war zone, that no longer belongs to me ,put my best clothes on force a smile on my face put my best foot forward and head out in search of another job interview and a healthy dose of rejection day In day out
At least this wee battle is keeping my brain engaged
And you know what people be careful out there
Various people have been asked if they have been in contact with me so only send me more notes by mail as I would not be surprised if I have been illegally monitored you all need to keep your jobs safe the dole is not a fun place
The final irony is that I warned the managers not to treat me like a fool because I wasn’t i asked them to stop it put in all behind us forgive and forget I gave them that chance even when I said they were acting illegally under the 2002 health and safety amendment act
They failed to listen and underestimated the depth of my resolve and the importance I attach to honesty integrity and my good name
This is not the beginning of the end but merely the end of the beginning they are about to get a very rude awaking
To all
This blog has been in play for some months to gain the full story go to left hand side go to bottom post 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
Sunday, February 28, 2010
Saturday, February 27, 2010
oops i have inadvertantly upset them
oh dear I seem to have upset Bridgette Dalzell, Michelle Young ,and Shaun Hoult by sending my requests to them directly and have been requested not to do so again by their lawyers at Simpson Grierson I received a letter today outlining same
I note it is only a request as they can't order me to do anything
However all parties are now informed of what is required of them so hopefully all will be available for the conference call on Thursday march 4th
otherwise the call will be a waste of time
To all
This blog has been in play for some months to gain the full story go to left hand side go to bottom post 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
I note it is only a request as they can't order me to do anything
However all parties are now informed of what is required of them so hopefully all will be available for the conference call on Thursday march 4th
otherwise the call will be a waste of time
To all
This blog has been in play for some months to gain the full story go to left hand side go to bottom post 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
Friday, February 26, 2010
letter to john key
Mr. key
Is your labor department being deliberately obtuse or what, all am asking is for the inspectors to have a hard and proper look at the facts rather than pursue an agenda that tends to mitigate telecoms actions
Simple put all that is required is to compare the process that was applied to me (ie micro-managing) and ensure that all others were treated in the same way
If not than under the current laws someone is in breach of the act
I repeat
Upon asking my team leader when this process would stop ,I was informed when you “get everything right on every call” this was a standard , as shown by a survey done by the one of the site managers that no one was achieving yet .I was expected to
This therefore would give credence to myself being “unjustifiably dismissed” but because no-one in your department has the ability to research all the facts in a objective manner, believing what telecom tells them. rather than checking the evidence let alone asking for it
I find /have found myself severely disadvantaged by their laziness and /or incompetence
So my dismissal itself was not fair or reasonable ,as it has been carried out in an unfair way ,to be blunt I have been discriminated against by the refusal of the employer, telecom, to offer me, the employee, the same terms of employment ,conditions of work as other employees working in the same or similar circumstances
refer previous blogs re kate wilkison
To all
This blog has been in play for some months to gain the full story go to left hand side go to bottom post 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
Is your labor department being deliberately obtuse or what, all am asking is for the inspectors to have a hard and proper look at the facts rather than pursue an agenda that tends to mitigate telecoms actions
Simple put all that is required is to compare the process that was applied to me (ie micro-managing) and ensure that all others were treated in the same way
If not than under the current laws someone is in breach of the act
I repeat
Upon asking my team leader when this process would stop ,I was informed when you “get everything right on every call” this was a standard , as shown by a survey done by the one of the site managers that no one was achieving yet .I was expected to
This therefore would give credence to myself being “unjustifiably dismissed” but because no-one in your department has the ability to research all the facts in a objective manner, believing what telecom tells them. rather than checking the evidence let alone asking for it
I find /have found myself severely disadvantaged by their laziness and /or incompetence
So my dismissal itself was not fair or reasonable ,as it has been carried out in an unfair way ,to be blunt I have been discriminated against by the refusal of the employer, telecom, to offer me, the employee, the same terms of employment ,conditions of work as other employees working in the same or similar circumstances
refer previous blogs re kate wilkison
To all
This blog has been in play for some months to gain the full story go to left hand side go to bottom post 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
requesting more information
Dear sir/madams
To enable myself to fulfill the timetabling of information required by the authority a request by 4th march in time for the conference call two copies of the following
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
As these should all be a matter of record in the normal course of event it should not be a too onerous task
any issues with privacy etc please address to Vicky Campbell authority member for consideration
warm regards
Paul
17 Minnie Place
Pukete
Te Rapa
Hamilton
New Zealand
To all
This blog has been in play for some months to gain the full story go to left hand side go to bottom post and read upwards
To enable myself to fulfill the timetabling of information required by the authority a request by 4th march in time for the conference call two copies of the following
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
As these should all be a matter of record in the normal course of event it should not be a too onerous task
any issues with privacy etc please address to Vicky Campbell authority member for consideration
warm regards
Paul
17 Minnie Place
Pukete
Te Rapa
Hamilton
New Zealand
To all
This blog has been in play for some months to gain the full story go to left hand side go to bottom post and read upwards
letter to kate.wilkinson office and reply
Hon Kate Wilkinson
Thank you for the letter 020210
Unfortunately it in no way address’s the core elements of my concerns
Which is
Why was removing the micro-managing not considered to be “a practicable step “ especially after two letters from my physician indicating the stress of the micro-managing was the route cause of my distress .
Ignoring this put my health at risk ,the labor department was already in possession of serious harm forms indicating same due to mental stress and failed to take this practicable step
I note the investigators acknowledge “that there was a strong element of supervision in place” it was micro-management in the extreme, management admitted as such in front of myself and my union rep on 23060, the investigators were aware of their admission
Does not your office acknowledge that micro-managing is a form of workplace bullying when well known academics in the field such as Andréa Nedem do, I confused ,I had thought it would have been required reading or research
“it is understood that the supervision was intended to support and bring about some intended improvements in elements of performance”
One then is given the expectation by this statement that this process would be the standard across the work site ,it wasn’t
Upon asking my team leader when this process would stop ,I was informed when you “get everything right on every call” this was a standard , as shown by a survey done by the one of the site managers that no one was achieving yet .I was expected to
This therefore would give credence to myself being “unjustifiably dismissed” but because no-one in your department has the ability to research all the facts in a objective manner, believing what telecom tells them. rather than checking the evidence let alone asking for it
I find /have found myself severely disadvantaged by their laziness and /or incompetence
Let me set it out for you
The survey done by terry Wilson site manager proved that no one was meeting the required standard
Your team acknowledge that there was” a strong element of supervision in place” (they are right there is no stronger element of supervision than micro-managing)
So my dismissal itself was not fair or reasonable ,as it has been carried out in an unfair way ,to be blunt I have been discriminated against by the refusal of the employer, telecom, to offer me, the employee, the same terms of employment ,conditions of work as other employees working in the same or similar circumstances further more I was made to resign by the employer
How can then I give credence to my claims simple as I have previously asked for
Have someone research my claims in a objective manner .
Have them pull all my notes with regard to my performance .have them note the scale and intensity of the investigation and the time period I was judged on
This sets the standard required, this is now the control
Have telecom produce the survey down by Terri Wilson apply the same criteria to all other members on site
You will find two things
Very few were put under the same intense scrutiny I was and I would be extremely doubtful that telecom would have done the whole site
No one will met the same standard I was expected to that makes it very very unjust and unfair
Now please have someone show how the hell my dismissal could have in any way been justified
This will provide the tangible evidence your investigators were looking for .for god sakes ask telecom for it they won’t be able to provide it not for approximately 160 other reps on site have your investigators do the job properly this time
I urge you to take another look please
As this exercise indicates dismissal or detriment by the employer or the employers representatives i.e.( Bridgette Dalzell ,Michelle Young Shaun Hoult ,Iain Galloway ) in circumstances in which other employees doing the same kind of work are not, or would not be treated in such a way
The highlighted red writing indicates I’m quoting directly from department of labor booklets and fact sheets all I require is you work to your rules
Really is it too much to ask to be treated fair honestly and with integrity and transparency
My 39 years employment paying taxes all the way, surely deserves your department taking more than a cursory look and a hasty decision
reply
Dear Paul
Thank you for your latest email, which the Minister has read in full. As I have advised previously, the Minister can not intervene on personal employment disputes. As stated in the Minister's response of 2 February 2010, senior Department of Labour staff and a specialist medical practitioner have reviewed the evidence available. The Department will not take further action.
The Employment Relations Authority is an independent statutory body charged with resolving employment disputes that cannot be resolved through mediation. Information concerning the Authority and its processes are available at http://www.era.govt.nz/
Yours sincerely
Colin Meehan
Private Secretary
Office of Hon Kate Wilkinson
Minister of Labour
To all
This blog has been in play for some months to gain the full story go to left hand side go to bottom post 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
Thank you for the letter 020210
Unfortunately it in no way address’s the core elements of my concerns
Which is
Why was removing the micro-managing not considered to be “a practicable step “ especially after two letters from my physician indicating the stress of the micro-managing was the route cause of my distress .
Ignoring this put my health at risk ,the labor department was already in possession of serious harm forms indicating same due to mental stress and failed to take this practicable step
I note the investigators acknowledge “that there was a strong element of supervision in place” it was micro-management in the extreme, management admitted as such in front of myself and my union rep on 23060, the investigators were aware of their admission
Does not your office acknowledge that micro-managing is a form of workplace bullying when well known academics in the field such as Andréa Nedem do, I confused ,I had thought it would have been required reading or research
“it is understood that the supervision was intended to support and bring about some intended improvements in elements of performance”
One then is given the expectation by this statement that this process would be the standard across the work site ,it wasn’t
Upon asking my team leader when this process would stop ,I was informed when you “get everything right on every call” this was a standard , as shown by a survey done by the one of the site managers that no one was achieving yet .I was expected to
This therefore would give credence to myself being “unjustifiably dismissed” but because no-one in your department has the ability to research all the facts in a objective manner, believing what telecom tells them. rather than checking the evidence let alone asking for it
I find /have found myself severely disadvantaged by their laziness and /or incompetence
Let me set it out for you
The survey done by terry Wilson site manager proved that no one was meeting the required standard
Your team acknowledge that there was” a strong element of supervision in place” (they are right there is no stronger element of supervision than micro-managing)
So my dismissal itself was not fair or reasonable ,as it has been carried out in an unfair way ,to be blunt I have been discriminated against by the refusal of the employer, telecom, to offer me, the employee, the same terms of employment ,conditions of work as other employees working in the same or similar circumstances further more I was made to resign by the employer
How can then I give credence to my claims simple as I have previously asked for
Have someone research my claims in a objective manner .
Have them pull all my notes with regard to my performance .have them note the scale and intensity of the investigation and the time period I was judged on
This sets the standard required, this is now the control
Have telecom produce the survey down by Terri Wilson apply the same criteria to all other members on site
You will find two things
Very few were put under the same intense scrutiny I was and I would be extremely doubtful that telecom would have done the whole site
No one will met the same standard I was expected to that makes it very very unjust and unfair
Now please have someone show how the hell my dismissal could have in any way been justified
This will provide the tangible evidence your investigators were looking for .for god sakes ask telecom for it they won’t be able to provide it not for approximately 160 other reps on site have your investigators do the job properly this time
I urge you to take another look please
As this exercise indicates dismissal or detriment by the employer or the employers representatives i.e.( Bridgette Dalzell ,Michelle Young Shaun Hoult ,Iain Galloway ) in circumstances in which other employees doing the same kind of work are not, or would not be treated in such a way
The highlighted red writing indicates I’m quoting directly from department of labor booklets and fact sheets all I require is you work to your rules
Really is it too much to ask to be treated fair honestly and with integrity and transparency
My 39 years employment paying taxes all the way, surely deserves your department taking more than a cursory look and a hasty decision
reply
Dear Paul
Thank you for your latest email, which the Minister has read in full. As I have advised previously, the Minister can not intervene on personal employment disputes. As stated in the Minister's response of 2 February 2010, senior Department of Labour staff and a specialist medical practitioner have reviewed the evidence available. The Department will not take further action.
The Employment Relations Authority is an independent statutory body charged with resolving employment disputes that cannot be resolved through mediation. Information concerning the Authority and its processes are available at http://www.era.govt.nz/
Yours sincerely
Colin Meehan
Private Secretary
Office of Hon Kate Wilkinson
Minister of Labour
To all
This blog has been in play for some months to gain the full story go to left hand side go to bottom post 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
Application for witness
sent to
'Bridgette Dalzell'; 'Michelle.Young 'shaun.hoult@telecom
Dear sir/madam’s
As you are aware you are named as first, second, and third respondents in a hearing under the employment relations act 2000
That is before the employment relations authority at Auckland
File number
5294885
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
To all
This blog has been in play for some months to gain the full story go to left hand side go to bottom post and read upwards
'Bridgette Dalzell'; 'Michelle.Young 'shaun.hoult@telecom
Dear sir/madam’s
As you are aware you are named as first, second, and third respondents in a hearing under the employment relations act 2000
That is before the employment relations authority at Auckland
File number
5294885
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
To all
This blog has been in play for some months to gain the full story go to left hand side go to bottom post and read upwards
Thursday, February 25, 2010
the privacy act and it ramaifications
letter to my union rep
Peter
I find that I cannot put the whole matter behind me unless I right some of the injustice’s I suffered and in spite of considerable counseling I still find myself very pissed off and angry I need to resolve some of these so I can move on and improve my health and well being
You informed me that the union was still there to help as the case was instigated while I was still employed and a union member at this point
I need to know if you could encourage the unions lawyers to get involved and sort out with the privacy officer and/or their legal counsel
If you are unable to assist I will be forwarding to the media as my last resort
The story so far
I sent the following to the privacy commissioner enquiring as to whether it was legal as telecom refused at all levels to answer my questions
Dear sir/madam
During 2009 I became embroiled with telecom management as they attempted and later succeeded in micro-managing me out after 39 years 3 month service
I became aware of the possibility that telecom management where reading my personal emails so I decided to use the fact to possibly catch them out , I succeeded
I asked my mate Nigel Dick to pretend to be my lawyer which he was happy to assist with
IMAGAINE MY SURRISE WHEN I get an email from Bridgette Dalzell (Bridgette was the national manager at the time) asking for confirmation that he "Nigel" is my lawyer WITH NIGEL CC ed INTO IT
refer below
Now she may have a legal right to read the email, I do not believe in law, she has the right to act on it, that's illegal isn’t it ?
She has definitely no right in law to act on private information, that to all intents and purposes is between myself and my "lawyer", even thought he was my pretend "lawyer"
In her mind by asking for confirmation that, he "Nigel " was my lawyer, she is of the perception, at that point in time that he is an actual lawyer so she should have ignored all emails between myself and him surely
From: Bridgette Dalzell [mailto:Bridgette.Dalzell@telecom.co.nz] Sent: Monday, 6 April 2009 11:26 a.m.To: Paul McleodCc: nigel dick; Bridgette DalzellSubject: RE: breach of verbal agreement
Thanks for coming back to me so quickly Paul.
Can you please confirm that your lawyer is Nigel Dick and can you please confirm the correct contact details.
Questions
1. Has this lady acted illegally
2 if so can she be charged and how does one go about that
3 what would be the specifics of the charge
I have attempted to resolve with telecom from the ceo at the top thru to hr to no avail what so ever
Also before I left I believe I highlighted it to the site manager and my immediate manager
All my concerns were ignored
So I need to resolve this and move forward with it
Please advise
Thank you for your help
I received the following answers
between myself and my brother we feel telecom may have acted illegally pats queries are in red my answers are in blue
would you be so kind as to pass to your lawyers for an opinion and if they feel I have a case engage them to act on my behalf
18 February 2010
Dear Paul McLeod
Our Ref: ENQ 66436
Thank you for your email dated 17 February 2010 to the Office of the Privacy Commissioner.
You ask for advice on the legality of the actions of a manager from your ex employer, Telecom Ltd.
I am assuming that the emails you mention are your personal emails posted on the employers computer equipment. On that understanding I will make general comments and indicate the provisions of the Privacy Act 1993 (‘the Act’) which appear to be relevant to the questions which you have raised. I hope that this will be of some assistance. However, I must point out that I am not able to provide specific legal advice.
The 12 Information Privacy Principles of the Act generally deal with the collection, use and disclosure of personal information, by what the Act defines as an agency. Your enquiry may raise issues under principles 3 and 4. I enclose a copy of the principles for your information.
When an agency, which would include your employer, collects personal information directly from an individual, principle 3 of the Act
generally requires the agency to make the individual aware of a number of things, did they make you aware of what they were doing no they did not
including the fact that personal information is being collected, did they advise you when they were doing it no they did not and have not
the general purposes of collection, did they advise you for what purpose it was to be used for no they did not
and the intended recipients of the information. whom were the intended recipients please advise who was in receipt of same
Principle 3 reflects an underlying policy of the Act that agencies should be open about their collection and use practices concerning personal information. were they open about it , no they weren’t
For this reason, among others, permission to collect, use or disclose personal information is not necessarily required if there is a demonstrated adequate compliance with principle 3.it would appear there was no demonstrated adequate compliance therefore they had no permission to use. Can they please explain
Therefore in order for your employer to comply with those requirements of principle 3, your employer would generally need to make you aware of the fact that the personal use of the employers email system will or may be monitored. That is, to have a policy regarding the personal use of company equipment. Did you have or sign a statement re the policy of personal use of company equipment..eg was there a policy around use of the internet...at the time of the incident...that’s important yes there was a policy around the use of the internet but not specific as to reading emails between myself and my “lawyer” Nigel
If there is such a policy in place then the collection of information by the monitoring of your private emails may not be a breach of privacy in terms of principle 3. If there is no understood policy principle 4 may be relevant to any consequent collection of your personal information ....crucial point the crucial point is the emails read where between me and my lawyer “ Nigel
Principle 4 generally prohibits collection of personal information by an unlawful means, an unfair means, or by means that unreasonably intrude upon the personal affairs of the individual concerned. The reading of notes and my lawyer Nigel could be construed as my personal affairs could they not to all intents and purposes I was under threat of dismissal and was seeking counsel from my “lawyer”
Section 23 of the Act requires that each agency have at least one Privacy Officer within the organisation. You may wish to contact the Privacy Officer for Telecom Ltd to discuss your privacy concerns in light of any policy that deals with the personal use of company equipment....have someone source this or ask the question...dates etc re the introduction of policy and how it was distributed will be important
----- Original Message -----
PRINCIPLE 3
Collection of information from subject
(1) Where an agency collects personal information directly from the individual concerned, the agency shall take such steps (if any) as are, in the circumstances, reasonable to ensure that the individual concerned is aware of -
(a) The fact that the information is being collected; and......they didn't tell no they did not
(b) The purpose for which the information is being collected; and....ditto ditto
(c) The intended recipients of the information; and....ditto ditto
(d) The name and address of -
(I) The agency that is collecting the information; and...ditto ditto
(ii) The agency that will hold the information; and...ditto ditto
(e) If the collection of the information
is authorised or required by or under law - was it please have them confirm which law the acted upon
(I) The particular law by or under which the collection of the information is so authorised or required; and which law yes which law
(ii) Whether or not the supply of the information by that individual is voluntary or mandatory; and. Voluntary /mandatory please advise
(f) The consequences (if any) for that individual if all or any part of the requested information is not provided; and..you were not aware it was happening therefore not aware of consequences no I was not aware it was happening definitely however my little ruse confirmed it
(g) The rights of access to, and correction of, personal information provided by these principles. They did not advise you of your rights no they did not
(2) The steps referred to in subclause (1) of this principle shall be taken before the information is collected or, if that is not practicable, as soon as practicable after the information is collected...not informed in a timely manner I was never in formed
(3) An agency is not required to take the steps referred to in subclause (1) of this principle in relation to the collection of information from an individual if that agency has taken those steps in relation to the collection, from the individual, of the same information or information of the same kind, on a recent previous occasion. Ask if they previously had collected information please ask
(4) It is not necessary for an agency to comply with subclause (1) of this principle if the agency believes, on reasonable grounds -
(a) That non-compliance is authorised by the individual concerned; or..you authorised nothing I authorised nothing
(b) That non-compliance would not prejudice the interests of the individual concerned; or yes it did prejudice your interests completely correct it did prejudice my interests
(c) The non-compliance is necessary -
(I) To avoid prejudice to the maintenance of the law by any public sector agency, including the prevention, detection, investigation, prosecution, and punishment of offences; or
(ii) For the enforcement of a law imposing a pecuniary penalty; or
(iii) For the protection of the public revenue; or
(iv) For the conduct of proceedings before any court or tribunal (being proceedings that have been commenced or are reasonably in contemplation); or
(d) That compliance would prejudice the purposes of the collection; or
(e) That compliance is not reasonably practicable in the circumstances of the particular case; or
(f) That the information -
(I) Will not be used in a form in which the individual concerned is identified; or
(ii) Will be used for statistical or research purposes and will not be published in a form that could reasonably be expected to identify the individual concerned.
PRINCIPLE 4
Manner of collection of personal information
Personal information shall not be collected by an agency -
(a) By unlawful means; or did they break the law please check
(b) By means that, in the circumstances of the case -
(I) Are unfair; or it was not fair it was definitely not fair
(ii) Intrude to an unreasonable extent upon the personal affairs of the individual concerned.
PRINCIPLE 5
Storage and security of personal information
An agency that holds personal information shall ensure -
(a) That the information is protected, by such security safeguards as it is reasonable in the circumstances to take, against -
(I) Loss; and
(ii) Access, use, modification, or disclosure, except with the authority of the agency that holds the information; and personal information was used yes the information was personal to me
(iii) Other misuse; and could it be deemed misuse
(b) That if it is necessary for the information to be given to a person in connection with the provision of a service to the agency, everything reasonably within the power of the agency is done to prevent unauthorised use or unauthorised disclosure of the information.
PRINCIPLE 6
Access to personal information
(1) Where an agency holds personal information in such a way that it can readily be retrieved, the individual concerned shall be entitled -
(a) To obtain from the agency confirmation of whether or not the agency holds such personal information; and ask them please ask them for their notes
(b) To have access to that information. ask them yes I would like access
(2) Where, in accordance with subclause (1)(b) of this principle, an individual is given access to personal information, the individual shall be advised that, under principle 7, the individual may request the correction of that information. ask them please ask for notes so I may deem them to be correct
(3) The application of this principle is subject to the provisions of Parts IV and V of this Act.
PRINCIPLE 7
Correction of personal information
(1) Where an agency holds personal information, the individual concerned shall be entitled -
(a) To request correction of the information; and
(b) To request that there be attached to the information a statement of the correction sought but not made.
(2) An agency that holds personal information shall, if so requested by the individual concerned or on its own initiative, take such steps (if any) to correct that information as are, in the circumstances, reasonable to ensure that, having regard to the purposes for which the information may lawfully be used, the information is accurate, up to date, complete, and not misleading.
(3) Where an agency that holds personal information is not willing to correct that information in accordance with a request by the individual concerned, the agency shall, if so requested by the individual concerned, take such steps (if any) as are reasonable in the circumstances to attach to the information, in such a manner that it will always be read with the information, any statement provided by that individual of the correction sought.
(4) Where the agency has taken steps under subclause (2) or subclause (3) of this principle, the agency shall, if reasonably practicable, inform each person or body or agency to whom the personal information has been disclosed of those steps.
(5) Where an agency receives a request made pursuant to subclause (1) of this principle, the agency shall inform the individual concerned of the action taken as a result of the request.
PRINCIPLE 8
Accuracy, etc, of personal information to be checked before use
An agency that holds personal information shall not use that information without taking such steps (if any) as are, in the circumstances, reasonable to ensure that, having regard to the purpose for which the information is proposed to be used, the information is accurate, up to date, complete, relevant, and not misleading.oops they didn't no they did not
PRINCIPLE 9
Agency not to keep personal information for longer than necessary
An agency that holds personal information shall not keep that information for longer than is required for the purposes for which the information may lawfully be used.
PRINCIPLE 10
Limits on use of personal information
An agency that holds personal information that was obtained in connection with one purpose shall not use the information for any other purpose unless that agency believes, on reasonable grounds -
(a) That the source of the information is a publicly available publication; or
(b) That the use of the information for that other purpose is authorised by the individual concerned; or you didn't authorise definitely nothing was authorised
(c) That non-compliance is necessary -
(I) To avoid prejudice to the maintenance of the law by any public sector agency, including the prevention, detection, investigation, prosecution, and punishment of offences; or
(ii) For the enforcement of a law imposing a pecuniary penalty; or
(iii) For the protection of the public revenue; or
(iv) For the conduct of proceedings before any court or tribunal (being proceedings that have been commenced or are reasonably in contemplation); or
(d) That the use of the information for that other purpose is necessary to prevent or lessen a serious and imminent threat to -
(I) Public health or public safety; or
(ii) The life or health of the individual concerned or another individual; or
(e) That the purpose for which the information is used is directly related to the purpose in connection with which the information was obtained; or
(f) That the information -
(I) Is used in a form in which the individual concerned is not identified; or
(ii) Is used for statistical or research purposes and will not be published in a form that could reasonably be expected to identify the individual concerned; or
(g) That the use of the information is in accordance with an authority granted under section 54 of this Act.
PRINCIPLE 11
Limits on disclosure of personal information
An agency that holds personal information shall not disclose the information to a person or body or agency unless the agency believes, on reasonable grounds -
(a) That the disclosure of the information is one of the purposes in connection with which the information was obtained or is directly related to the purposes in connection with which the information was obtained; or
(b) That the source of the information is a publicly available publication; or
(c) That the disclosure is to the individual concerned; or
(d) That the disclosure is authorised by the individual concerned; or
(e) That non-compliance is necessary -
(I) To avoid prejudice to the maintenance of the law by any public sector agency, including the prevention, detection, investigation, prosecution, and punishment of offences; or
(ii) For the enforcement of a law imposing a pecuniary penalty; or
(iii) For the protection of the public revenue; or
(iv) For the conduct of proceedings before any court or tribunal (being proceedings that have been commenced or are reasonably in contemplation); or
(f) That the disclosure of the information is necessary to prevent or lessen a serious and imminent threat to:
(I) Public health or public safety; or
(ii) The life or health of the individual concerned or another individual; or
(g) That the disclosure of the information is necessary to facilitate the sale or other disposition of a business as a going concern; or
(h) That the information -
(I) Is to be used in a form in which the individual concerned is not identified; or
(ii) Is to be used for statistical or research purposes and will not be published in a form that could reasonably be expected to identify the individual concerned; or
(I) That the disclosure of the information is in accordance with an authority granted under section 54 of this Act.
PRINCIPLE 12
Unique identifiers
(1) An agency shall not assign a unique identifier to an individual unless the assignment of that identifier is necessary to enable the agency to carry out any one or more of its functions efficiently.
(2) An agency shall not assign to an individual a unique identifier that, to that agency's knowledge, has been assigned to that individual by another agency, unless those 2 agencies are associated persons within the meaning of section OD7 of the Income Tax Act 1994.
(3) An agency that assigns unique identifiers to individuals shall take all reasonable steps to ensure that unique identifiers are assigned only to individuals whose identity is clearly established.
(4) An agency shall not require an individual to disclose any unique identifier assigned to that individual unless the disclosure is for one of the purposes in connection with which that unique identifier was assigned for a purpose that is directly related to one of those purposes
Pete if your lawyers do pursue it please have them do so at the highest level they can please have ask for all my emails around this time to be forensically checked as to who was across them without my knowledge yes this can be done
We might catch some more flies stuck in the honey and could have charged across the same misdemeanors
they do this all the time you need to alert any staff that come under your orbit with complaints requiring union involvement that is going on
The same checks could be done regarding any emails between yourself and your telecom clients the union needs to check as you would not like that
Ever wondered why the never seemed that concerned and never answered any of our questions they where one step ahead all the time
To all
This blog has been in play for some months to gain the full story go to left hand side go to bottom post and read upwards
Peter
I find that I cannot put the whole matter behind me unless I right some of the injustice’s I suffered and in spite of considerable counseling I still find myself very pissed off and angry I need to resolve some of these so I can move on and improve my health and well being
You informed me that the union was still there to help as the case was instigated while I was still employed and a union member at this point
I need to know if you could encourage the unions lawyers to get involved and sort out with the privacy officer and/or their legal counsel
If you are unable to assist I will be forwarding to the media as my last resort
The story so far
I sent the following to the privacy commissioner enquiring as to whether it was legal as telecom refused at all levels to answer my questions
Dear sir/madam
During 2009 I became embroiled with telecom management as they attempted and later succeeded in micro-managing me out after 39 years 3 month service
I became aware of the possibility that telecom management where reading my personal emails so I decided to use the fact to possibly catch them out , I succeeded
I asked my mate Nigel Dick to pretend to be my lawyer which he was happy to assist with
IMAGAINE MY SURRISE WHEN I get an email from Bridgette Dalzell (Bridgette was the national manager at the time) asking for confirmation that he "Nigel" is my lawyer WITH NIGEL CC ed INTO IT
refer below
Now she may have a legal right to read the email, I do not believe in law, she has the right to act on it, that's illegal isn’t it ?
She has definitely no right in law to act on private information, that to all intents and purposes is between myself and my "lawyer", even thought he was my pretend "lawyer"
In her mind by asking for confirmation that, he "Nigel " was my lawyer, she is of the perception, at that point in time that he is an actual lawyer so she should have ignored all emails between myself and him surely
From: Bridgette Dalzell [mailto:Bridgette.Dalzell@telecom.co.nz] Sent: Monday, 6 April 2009 11:26 a.m.To: Paul McleodCc: nigel dick; Bridgette DalzellSubject: RE: breach of verbal agreement
Thanks for coming back to me so quickly Paul.
Can you please confirm that your lawyer is Nigel Dick and can you please confirm the correct contact details.
Questions
1. Has this lady acted illegally
2 if so can she be charged and how does one go about that
3 what would be the specifics of the charge
I have attempted to resolve with telecom from the ceo at the top thru to hr to no avail what so ever
Also before I left I believe I highlighted it to the site manager and my immediate manager
All my concerns were ignored
So I need to resolve this and move forward with it
Please advise
Thank you for your help
I received the following answers
between myself and my brother we feel telecom may have acted illegally pats queries are in red my answers are in blue
would you be so kind as to pass to your lawyers for an opinion and if they feel I have a case engage them to act on my behalf
18 February 2010
Dear Paul McLeod
Our Ref: ENQ 66436
Thank you for your email dated 17 February 2010 to the Office of the Privacy Commissioner.
You ask for advice on the legality of the actions of a manager from your ex employer, Telecom Ltd.
I am assuming that the emails you mention are your personal emails posted on the employers computer equipment. On that understanding I will make general comments and indicate the provisions of the Privacy Act 1993 (‘the Act’) which appear to be relevant to the questions which you have raised. I hope that this will be of some assistance. However, I must point out that I am not able to provide specific legal advice.
The 12 Information Privacy Principles of the Act generally deal with the collection, use and disclosure of personal information, by what the Act defines as an agency. Your enquiry may raise issues under principles 3 and 4. I enclose a copy of the principles for your information.
When an agency, which would include your employer, collects personal information directly from an individual, principle 3 of the Act
generally requires the agency to make the individual aware of a number of things, did they make you aware of what they were doing no they did not
including the fact that personal information is being collected, did they advise you when they were doing it no they did not and have not
the general purposes of collection, did they advise you for what purpose it was to be used for no they did not
and the intended recipients of the information. whom were the intended recipients please advise who was in receipt of same
Principle 3 reflects an underlying policy of the Act that agencies should be open about their collection and use practices concerning personal information. were they open about it , no they weren’t
For this reason, among others, permission to collect, use or disclose personal information is not necessarily required if there is a demonstrated adequate compliance with principle 3.it would appear there was no demonstrated adequate compliance therefore they had no permission to use. Can they please explain
Therefore in order for your employer to comply with those requirements of principle 3, your employer would generally need to make you aware of the fact that the personal use of the employers email system will or may be monitored. That is, to have a policy regarding the personal use of company equipment. Did you have or sign a statement re the policy of personal use of company equipment..eg was there a policy around use of the internet...at the time of the incident...that’s important yes there was a policy around the use of the internet but not specific as to reading emails between myself and my “lawyer” Nigel
If there is such a policy in place then the collection of information by the monitoring of your private emails may not be a breach of privacy in terms of principle 3. If there is no understood policy principle 4 may be relevant to any consequent collection of your personal information ....crucial point the crucial point is the emails read where between me and my lawyer “ Nigel
Principle 4 generally prohibits collection of personal information by an unlawful means, an unfair means, or by means that unreasonably intrude upon the personal affairs of the individual concerned. The reading of notes and my lawyer Nigel could be construed as my personal affairs could they not to all intents and purposes I was under threat of dismissal and was seeking counsel from my “lawyer”
Section 23 of the Act requires that each agency have at least one Privacy Officer within the organisation. You may wish to contact the Privacy Officer for Telecom Ltd to discuss your privacy concerns in light of any policy that deals with the personal use of company equipment....have someone source this or ask the question...dates etc re the introduction of policy and how it was distributed will be important
----- Original Message -----
PRINCIPLE 3
Collection of information from subject
(1) Where an agency collects personal information directly from the individual concerned, the agency shall take such steps (if any) as are, in the circumstances, reasonable to ensure that the individual concerned is aware of -
(a) The fact that the information is being collected; and......they didn't tell no they did not
(b) The purpose for which the information is being collected; and....ditto ditto
(c) The intended recipients of the information; and....ditto ditto
(d) The name and address of -
(I) The agency that is collecting the information; and...ditto ditto
(ii) The agency that will hold the information; and...ditto ditto
(e) If the collection of the information
is authorised or required by or under law - was it please have them confirm which law the acted upon
(I) The particular law by or under which the collection of the information is so authorised or required; and which law yes which law
(ii) Whether or not the supply of the information by that individual is voluntary or mandatory; and. Voluntary /mandatory please advise
(f) The consequences (if any) for that individual if all or any part of the requested information is not provided; and..you were not aware it was happening therefore not aware of consequences no I was not aware it was happening definitely however my little ruse confirmed it
(g) The rights of access to, and correction of, personal information provided by these principles. They did not advise you of your rights no they did not
(2) The steps referred to in subclause (1) of this principle shall be taken before the information is collected or, if that is not practicable, as soon as practicable after the information is collected...not informed in a timely manner I was never in formed
(3) An agency is not required to take the steps referred to in subclause (1) of this principle in relation to the collection of information from an individual if that agency has taken those steps in relation to the collection, from the individual, of the same information or information of the same kind, on a recent previous occasion. Ask if they previously had collected information please ask
(4) It is not necessary for an agency to comply with subclause (1) of this principle if the agency believes, on reasonable grounds -
(a) That non-compliance is authorised by the individual concerned; or..you authorised nothing I authorised nothing
(b) That non-compliance would not prejudice the interests of the individual concerned; or yes it did prejudice your interests completely correct it did prejudice my interests
(c) The non-compliance is necessary -
(I) To avoid prejudice to the maintenance of the law by any public sector agency, including the prevention, detection, investigation, prosecution, and punishment of offences; or
(ii) For the enforcement of a law imposing a pecuniary penalty; or
(iii) For the protection of the public revenue; or
(iv) For the conduct of proceedings before any court or tribunal (being proceedings that have been commenced or are reasonably in contemplation); or
(d) That compliance would prejudice the purposes of the collection; or
(e) That compliance is not reasonably practicable in the circumstances of the particular case; or
(f) That the information -
(I) Will not be used in a form in which the individual concerned is identified; or
(ii) Will be used for statistical or research purposes and will not be published in a form that could reasonably be expected to identify the individual concerned.
PRINCIPLE 4
Manner of collection of personal information
Personal information shall not be collected by an agency -
(a) By unlawful means; or did they break the law please check
(b) By means that, in the circumstances of the case -
(I) Are unfair; or it was not fair it was definitely not fair
(ii) Intrude to an unreasonable extent upon the personal affairs of the individual concerned.
PRINCIPLE 5
Storage and security of personal information
An agency that holds personal information shall ensure -
(a) That the information is protected, by such security safeguards as it is reasonable in the circumstances to take, against -
(I) Loss; and
(ii) Access, use, modification, or disclosure, except with the authority of the agency that holds the information; and personal information was used yes the information was personal to me
(iii) Other misuse; and could it be deemed misuse
(b) That if it is necessary for the information to be given to a person in connection with the provision of a service to the agency, everything reasonably within the power of the agency is done to prevent unauthorised use or unauthorised disclosure of the information.
PRINCIPLE 6
Access to personal information
(1) Where an agency holds personal information in such a way that it can readily be retrieved, the individual concerned shall be entitled -
(a) To obtain from the agency confirmation of whether or not the agency holds such personal information; and ask them please ask them for their notes
(b) To have access to that information. ask them yes I would like access
(2) Where, in accordance with subclause (1)(b) of this principle, an individual is given access to personal information, the individual shall be advised that, under principle 7, the individual may request the correction of that information. ask them please ask for notes so I may deem them to be correct
(3) The application of this principle is subject to the provisions of Parts IV and V of this Act.
PRINCIPLE 7
Correction of personal information
(1) Where an agency holds personal information, the individual concerned shall be entitled -
(a) To request correction of the information; and
(b) To request that there be attached to the information a statement of the correction sought but not made.
(2) An agency that holds personal information shall, if so requested by the individual concerned or on its own initiative, take such steps (if any) to correct that information as are, in the circumstances, reasonable to ensure that, having regard to the purposes for which the information may lawfully be used, the information is accurate, up to date, complete, and not misleading.
(3) Where an agency that holds personal information is not willing to correct that information in accordance with a request by the individual concerned, the agency shall, if so requested by the individual concerned, take such steps (if any) as are reasonable in the circumstances to attach to the information, in such a manner that it will always be read with the information, any statement provided by that individual of the correction sought.
(4) Where the agency has taken steps under subclause (2) or subclause (3) of this principle, the agency shall, if reasonably practicable, inform each person or body or agency to whom the personal information has been disclosed of those steps.
(5) Where an agency receives a request made pursuant to subclause (1) of this principle, the agency shall inform the individual concerned of the action taken as a result of the request.
PRINCIPLE 8
Accuracy, etc, of personal information to be checked before use
An agency that holds personal information shall not use that information without taking such steps (if any) as are, in the circumstances, reasonable to ensure that, having regard to the purpose for which the information is proposed to be used, the information is accurate, up to date, complete, relevant, and not misleading.oops they didn't no they did not
PRINCIPLE 9
Agency not to keep personal information for longer than necessary
An agency that holds personal information shall not keep that information for longer than is required for the purposes for which the information may lawfully be used.
PRINCIPLE 10
Limits on use of personal information
An agency that holds personal information that was obtained in connection with one purpose shall not use the information for any other purpose unless that agency believes, on reasonable grounds -
(a) That the source of the information is a publicly available publication; or
(b) That the use of the information for that other purpose is authorised by the individual concerned; or you didn't authorise definitely nothing was authorised
(c) That non-compliance is necessary -
(I) To avoid prejudice to the maintenance of the law by any public sector agency, including the prevention, detection, investigation, prosecution, and punishment of offences; or
(ii) For the enforcement of a law imposing a pecuniary penalty; or
(iii) For the protection of the public revenue; or
(iv) For the conduct of proceedings before any court or tribunal (being proceedings that have been commenced or are reasonably in contemplation); or
(d) That the use of the information for that other purpose is necessary to prevent or lessen a serious and imminent threat to -
(I) Public health or public safety; or
(ii) The life or health of the individual concerned or another individual; or
(e) That the purpose for which the information is used is directly related to the purpose in connection with which the information was obtained; or
(f) That the information -
(I) Is used in a form in which the individual concerned is not identified; or
(ii) Is used for statistical or research purposes and will not be published in a form that could reasonably be expected to identify the individual concerned; or
(g) That the use of the information is in accordance with an authority granted under section 54 of this Act.
PRINCIPLE 11
Limits on disclosure of personal information
An agency that holds personal information shall not disclose the information to a person or body or agency unless the agency believes, on reasonable grounds -
(a) That the disclosure of the information is one of the purposes in connection with which the information was obtained or is directly related to the purposes in connection with which the information was obtained; or
(b) That the source of the information is a publicly available publication; or
(c) That the disclosure is to the individual concerned; or
(d) That the disclosure is authorised by the individual concerned; or
(e) That non-compliance is necessary -
(I) To avoid prejudice to the maintenance of the law by any public sector agency, including the prevention, detection, investigation, prosecution, and punishment of offences; or
(ii) For the enforcement of a law imposing a pecuniary penalty; or
(iii) For the protection of the public revenue; or
(iv) For the conduct of proceedings before any court or tribunal (being proceedings that have been commenced or are reasonably in contemplation); or
(f) That the disclosure of the information is necessary to prevent or lessen a serious and imminent threat to:
(I) Public health or public safety; or
(ii) The life or health of the individual concerned or another individual; or
(g) That the disclosure of the information is necessary to facilitate the sale or other disposition of a business as a going concern; or
(h) That the information -
(I) Is to be used in a form in which the individual concerned is not identified; or
(ii) Is to be used for statistical or research purposes and will not be published in a form that could reasonably be expected to identify the individual concerned; or
(I) That the disclosure of the information is in accordance with an authority granted under section 54 of this Act.
PRINCIPLE 12
Unique identifiers
(1) An agency shall not assign a unique identifier to an individual unless the assignment of that identifier is necessary to enable the agency to carry out any one or more of its functions efficiently.
(2) An agency shall not assign to an individual a unique identifier that, to that agency's knowledge, has been assigned to that individual by another agency, unless those 2 agencies are associated persons within the meaning of section OD7 of the Income Tax Act 1994.
(3) An agency that assigns unique identifiers to individuals shall take all reasonable steps to ensure that unique identifiers are assigned only to individuals whose identity is clearly established.
(4) An agency shall not require an individual to disclose any unique identifier assigned to that individual unless the disclosure is for one of the purposes in connection with which that unique identifier was assigned for a purpose that is directly related to one of those purposes
Pete if your lawyers do pursue it please have them do so at the highest level they can please have ask for all my emails around this time to be forensically checked as to who was across them without my knowledge yes this can be done
We might catch some more flies stuck in the honey and could have charged across the same misdemeanors
they do this all the time you need to alert any staff that come under your orbit with complaints requiring union involvement that is going on
The same checks could be done regarding any emails between yourself and your telecom clients the union needs to check as you would not like that
Ever wondered why the never seemed that concerned and never answered any of our questions they where one step ahead all the time
To all
This blog has been in play for some months to gain the full story go to left hand side go to bottom post and read upwards
Wednesday, February 24, 2010
as I see it
As I see it
I’ve been reflecting over the last week or so about my actions and those of my previous employer
Over the last 12 years in the 123 center site based in Hamilton and up until they started micro managing me
I had I believe only 2 days sick leave I had some bereavement leave in the latter stages of my employment to bury both my parents and two of my brothers so at the time of heart attack I had accrued 90 days of sick leave
Was it appreciated did they even care in hindsight no
In the 12 years was I late once no never
Was it appreciated did they even care in hindsight no
I believe most of the time the got value for their money in terms of my work ethic I was as good as if not better than most yes I will admit to some lapses
Was it appreciated did they even care in hindsight no
As my little battle with telecom many will question my loyalty to telecom it was always there until I realized how little value they put on it
Was it appreciated did they even care in hindsight no
So why am I carrying the burden of this battle to show all that are interested or even care telecoms actions or those or some of their employees overrides their own vision statements their own code of ethics and the company ethos
And when they are called to account about it they don’t even care to address the issues
I may lose in court which leaves me with the court of public opinion they may have the legal right to do the things they do but the public and myself have the right to a different view
All I will do is place the facts as I see them in front of you the public when I can I will support them with evidence produced by the individual themselves and as quoted before if their actions are so honorable they will hold up in the light of public scrutiny
If the authority finds against them and their actions are illegal then they should be held accountable
And if so because the same actions have brought “telecom into disrepute” they should be invited to resign immediately
As this reason has been quoted in many of the dismissal letters I have seen so the irony is they
should be held accoutable to their own quoted standards
To all
This blog has been in play for some months to gain the full story go to left hand side go to bottom post and read upwards
I’ve been reflecting over the last week or so about my actions and those of my previous employer
Over the last 12 years in the 123 center site based in Hamilton and up until they started micro managing me
I had I believe only 2 days sick leave I had some bereavement leave in the latter stages of my employment to bury both my parents and two of my brothers so at the time of heart attack I had accrued 90 days of sick leave
Was it appreciated did they even care in hindsight no
In the 12 years was I late once no never
Was it appreciated did they even care in hindsight no
I believe most of the time the got value for their money in terms of my work ethic I was as good as if not better than most yes I will admit to some lapses
Was it appreciated did they even care in hindsight no
As my little battle with telecom many will question my loyalty to telecom it was always there until I realized how little value they put on it
Was it appreciated did they even care in hindsight no
So why am I carrying the burden of this battle to show all that are interested or even care telecoms actions or those or some of their employees overrides their own vision statements their own code of ethics and the company ethos
And when they are called to account about it they don’t even care to address the issues
I may lose in court which leaves me with the court of public opinion they may have the legal right to do the things they do but the public and myself have the right to a different view
All I will do is place the facts as I see them in front of you the public when I can I will support them with evidence produced by the individual themselves and as quoted before if their actions are so honorable they will hold up in the light of public scrutiny
If the authority finds against them and their actions are illegal then they should be held accountable
And if so because the same actions have brought “telecom into disrepute” they should be invited to resign immediately
As this reason has been quoted in many of the dismissal letters I have seen so the irony is they
should be held accoutable to their own quoted standards
we shall see what transpires
To all
This blog has been in play for some months to gain the full story go to left hand side go to bottom post and read upwards
my letter to telecom requesting witness.s
Dear sir/madam’s
As you are aware you are named as first, second, and third respondents in a hearing under the employment relations act 2000
That is before the employment relations authority at Auckland
File number
5294885
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
To all
This blog has been in play for some months to gain the full story go to left hand side go to bottom post and read upwards
As you are aware you are named as first, second, and third respondents in a hearing under the employment relations act 2000
That is before the employment relations authority at Auckland
File number
5294885
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
To all
This blog has been in play for some months to gain the full story go to left hand side go to bottom post and read upwards
TELECOMS RESPONSE
Response from telecom re employment relations authority proceedings
Well things are moving along received response via ERA and Telecom regarding my concerns
Came from a John Rooney a partner of Simpson Greierson whoa they the big boys shit !!!
They are basing their case on the fact that I have attended mediation signed and agreement etc etc as per previous post I’m concerned as to the legality of their actions in getting me there
So what happens now well today I received more information from era advising me that the authority member that will be investigating the matter will be a lady named Vicki Campbell the support officer Stephen Berry will be calling me shortly to discuss
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
this next bit is going to be interesting especially around calling the witness.es as there will be a few and I have to find some way of protecting them as telecom management can and has proven to be a little vindictive when they are crossed rather than applauding the integrity of the person actions they question the loyalty of “whistleblower”
the authority has just rung and confirmed the time of the conference call as to be Thursday 11.30 am 4 march
so I’m off to write a letter requesting a list of witness who were in attendance at the boot camps and all and any team meetings in which Bridgette Dalzell was present
so await my next blog
To all
This blog has been in play for some months to gain the full story go to left hand side go to bottom post and read upwards
Well things are moving along received response via ERA and Telecom regarding my concerns
Came from a John Rooney a partner of Simpson Greierson whoa they the big boys shit !!!
They are basing their case on the fact that I have attended mediation signed and agreement etc etc as per previous post I’m concerned as to the legality of their actions in getting me there
So what happens now well today I received more information from era advising me that the authority member that will be investigating the matter will be a lady named Vicki Campbell the support officer Stephen Berry will be calling me shortly to discuss
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
this next bit is going to be interesting especially around calling the witness.es as there will be a few and I have to find some way of protecting them as telecom management can and has proven to be a little vindictive when they are crossed rather than applauding the integrity of the person actions they question the loyalty of “whistleblower”
the authority has just rung and confirmed the time of the conference call as to be Thursday 11.30 am 4 march
so I’m off to write a letter requesting a list of witness who were in attendance at the boot camps and all and any team meetings in which Bridgette Dalzell was present
so await my next blog
To all
This blog has been in play for some months to gain the full story go to left hand side go to bottom post and read upwards
Tuesday, February 23, 2010
Xt out again
This time no one is at home answering the phones the TV reporters are getting their answers from twitter all other phone numbers are going straight to voicemail now that will be “in the herald on Sunday “and on the talk back tomorrow
Has top management abandoned the public and left the poor buggers at the coal face to handle the wrath of the nation surprise surprise or have they just run out of answers
How long before senior management get a F**K you text from a staff member at the front line they are getting weary of it
imagine trying to sell a phone anybody that makes thier mobile targets this month should get double thier commission they would be legends
So much for all that one telecom rah rah stuff aye
Shows you the character of management when the going gets tough where are they
A few good years ago when a strike decimated the ranks in the call centers ,senior management stepped in and manned the phones and not just for a token few hours all day every day until the crisis eased they sat and took it on the chin with the rest of us
So come on Alan Gourdie , Trish Kieth and Brigette Dalzell front up and show them what leadership is really about
When I was employed by telecom I was the bane of the trainers they hated it when my team came thru because I was always always always asking questions and demanding answers because with my back ground I could often spot flaws
After a while I got the message that I was to shut up a accept the training is what it is don’t keep upsetting people
I keep telling them “if you seek the consul of yes men you reap the wisdom of mediocrity”
Well now the New Zealand public has reaped the wisdom of mediocre training dictated by marketing and dissent or disagreement quashed by management
Management failed to crasp that the person that was always asking questions where at least engaged in the process and thinking about it not sleeping in the back of the class
Heads are going to roll and there is going a lot of wringing of hands and knashing of teeth there will be blood on the floor after this debacle you reap what you sow
One of the forums out there called "geek zone" pretty much hit the nail on the head with this comment
1/ Big stuff up gets a lot of publicity
2/ Telecom doesn’t know its customers so assumes it can fuddle around and p*ss people off.
3/ Big stuff up gets even more publicity
4/ Telecom execs start running around panicking like chickens at a KFC appreciation society meeting
5/ Middle managers start worrying about their jobs.
6/ The poor buggers at the coal face are yelled at a lot and blamed despite telling middle managers that 'hey we are going into this too quickly'
7/ Technicians fix the thing quickly despite telling middle managers that 'hey we are fixing this too quickly'
8/ go to point 1
Taken from the Telecom Big Time development lifecycle process, seems to apply for everything in that company :-)
thats from an ex employee whos been around
may instead of spending all that money on light shows christmas trees and a new logo they should have spent it on building some redundancy into the system
they said that new logo looked like somebodys rectum pretty apt though turned out to be well though out cause the making an "arse" out of this ballsup
To all
This blog has been in play for some months to gain the full story go to left hand side go to bottom post and read upwards
Has top management abandoned the public and left the poor buggers at the coal face to handle the wrath of the nation surprise surprise or have they just run out of answers
How long before senior management get a F**K you text from a staff member at the front line they are getting weary of it
imagine trying to sell a phone anybody that makes thier mobile targets this month should get double thier commission they would be legends
So much for all that one telecom rah rah stuff aye
Shows you the character of management when the going gets tough where are they
A few good years ago when a strike decimated the ranks in the call centers ,senior management stepped in and manned the phones and not just for a token few hours all day every day until the crisis eased they sat and took it on the chin with the rest of us
So come on Alan Gourdie , Trish Kieth and Brigette Dalzell front up and show them what leadership is really about
When I was employed by telecom I was the bane of the trainers they hated it when my team came thru because I was always always always asking questions and demanding answers because with my back ground I could often spot flaws
After a while I got the message that I was to shut up a accept the training is what it is don’t keep upsetting people
I keep telling them “if you seek the consul of yes men you reap the wisdom of mediocrity”
Well now the New Zealand public has reaped the wisdom of mediocre training dictated by marketing and dissent or disagreement quashed by management
Management failed to crasp that the person that was always asking questions where at least engaged in the process and thinking about it not sleeping in the back of the class
Heads are going to roll and there is going a lot of wringing of hands and knashing of teeth there will be blood on the floor after this debacle you reap what you sow
One of the forums out there called "geek zone" pretty much hit the nail on the head with this comment
1/ Big stuff up gets a lot of publicity
2/ Telecom doesn’t know its customers so assumes it can fuddle around and p*ss people off.
3/ Big stuff up gets even more publicity
4/ Telecom execs start running around panicking like chickens at a KFC appreciation society meeting
5/ Middle managers start worrying about their jobs.
6/ The poor buggers at the coal face are yelled at a lot and blamed despite telling middle managers that 'hey we are going into this too quickly'
7/ Technicians fix the thing quickly despite telling middle managers that 'hey we are fixing this too quickly'
8/ go to point 1
Taken from the Telecom Big Time development lifecycle process, seems to apply for everything in that company :-)
thats from an ex employee whos been around
may instead of spending all that money on light shows christmas trees and a new logo they should have spent it on building some redundancy into the system
they said that new logo looked like somebodys rectum pretty apt though turned out to be well though out cause the making an "arse" out of this ballsup
To all
This blog has been in play for some months to gain the full story go to left hand side go to bottom post and read upwards
Monday, February 22, 2010
an apology
today my union rep got in touch with me i was a bit terse and abrupt with him he has been a good supporter during my troubles so after i calmed down a bit i had to apologise
Hi Pete
My apologies
Sorry to be abrupt with you but I’m am literally at the end of my tether I have tried to keep my head up and remain positive for six months but it has finally worn me down
Job after job I go for the question is always asked in one form or another /why would you resign after so long in a job and why would you resign in the middle of a recession
So I’m caught every time by the confidentially clauses and have to fudge my way around the answer which alters the tenor of the interview
My health is fucked and I’m fighting very hard not to sink into depression which as you know I suffer from but unfortunately its gaining on me every day I have to make a super conscious effort not to burst into tears cause once it happens it won’t stop
I have fought that battle three times and won I don’t know if I have the energy left in me for a fourth
I don’t sleep at nights and my home life is spiraling out of control as Robyn is working 6 days a week and her health and physical wellbeing has never been up to it she is completely stuffed .the marriage is all but shot because of the constant stress and financial pressure
The house has been sold to my brother to keep a roof over my head if I lose that and my marriage I have fuck all left to fight for and at 57 having to start from scratch again is not a good look even for a “sane” person
You might want to look at my blog as I had to vent my frustrations’ some where
http://hwyop.blogspot.com/2010/01/hoist-with-your-own-petard-telecom-nz.html
all this cause I got micro managed on the whim of either Michelle Young or Bridgette Dalzell so if their actions are so honorable they can stand up to the light of public scrutiny
They tarnished my name that I simply won’t stand for
That coupled with the fact that both the employment relations authority and the ombudsman have taken it on board and giving me a file number for each tells me they have a case to answer as neither of these agencies would be wasting their time if the felt I was just an irrational aggrieved sacked employee
To all
This blog has been in play for some months to gain the full story go to left hand side go to bottom post and read upwards
Hi Pete
My apologies
Sorry to be abrupt with you but I’m am literally at the end of my tether I have tried to keep my head up and remain positive for six months but it has finally worn me down
Job after job I go for the question is always asked in one form or another /why would you resign after so long in a job and why would you resign in the middle of a recession
So I’m caught every time by the confidentially clauses and have to fudge my way around the answer which alters the tenor of the interview
My health is fucked and I’m fighting very hard not to sink into depression which as you know I suffer from but unfortunately its gaining on me every day I have to make a super conscious effort not to burst into tears cause once it happens it won’t stop
I have fought that battle three times and won I don’t know if I have the energy left in me for a fourth
I don’t sleep at nights and my home life is spiraling out of control as Robyn is working 6 days a week and her health and physical wellbeing has never been up to it she is completely stuffed .the marriage is all but shot because of the constant stress and financial pressure
The house has been sold to my brother to keep a roof over my head if I lose that and my marriage I have fuck all left to fight for and at 57 having to start from scratch again is not a good look even for a “sane” person
You might want to look at my blog as I had to vent my frustrations’ some where
http://hwyop.blogspot.com/2010/01/hoist-with-your-own-petard-telecom-nz.html
all this cause I got micro managed on the whim of either Michelle Young or Bridgette Dalzell so if their actions are so honorable they can stand up to the light of public scrutiny
They tarnished my name that I simply won’t stand for
That coupled with the fact that both the employment relations authority and the ombudsman have taken it on board and giving me a file number for each tells me they have a case to answer as neither of these agencies would be wasting their time if the felt I was just an irrational aggrieved sacked employee
To all
This blog has been in play for some months to gain the full story go to left hand side go to bottom post and read upwards
Saturday, February 13, 2010
employment relationship authority
Well things are moving along slowly but surely
Received correspondence from the employment relations authority indicating my statement of problem has been lodged with the authority as of Feb. 8 th
A copy of the statement of problem has been sent to telecom and they now have 14 days to reply
This is where it is going to start to get interesting me I am working on my witness list
To all
This blog has been in play for some months to gain the full story go to left hand side go to bottom post 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
Received correspondence from the employment relations authority indicating my statement of problem has been lodged with the authority as of Feb. 8 th
A copy of the statement of problem has been sent to telecom and they now have 14 days to reply
This is where it is going to start to get interesting me I am working on my witness list
To all
This blog has been in play for some months to gain the full story go to left hand side go to bottom post 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
Monday, February 1, 2010
have lodged an official complaint with the employment relations authority
Dear sir/madam
I would encourage you to visit my blog http://hwyop.blogspot.com/ please go to left hand side please go to the first post and work your way up
This will serve to illustrate my current difficulties
I have canvassed every way possible with my employer and with the labor department to resolve but now find myself shut out
I believe that I have been unjustifiably dismissed under the following reasons
1 the dismissal itself was not fair or reasonable
2 the dismissal has been carried out in an unfair way
3 that I was discriminated against by their refusal or failure to offer me the employee
A The same terms of employment
B Conditions of work
C Being made to resign by the employer
As other employees with the same or similar qualifications experience or skills working in the same or similar circumstances
Furthermore I suffered dismissal and detriment by the employer and their representative in circumstances in which other employees doing the same kind of work are not or would not be treated in the same way i.e. I was micro-managed out. a process that is widely known to be work place bullying others equal to me in ability or lack of same where not
I also believe that because they deliberately ignored the 2002 health and safety amendment act with regard to hazards in the work place .stress is classed as a hazard (they had no hazard control plans in place at the time )as required by law and failed to acknowledge letters from my doctor (that stated the micro-managing was affecting my health)they failed to take “all practicable steps “ to alleviate the concerns by removing the micro-managing
The department of labor was unable to clearly state why they didn’t consider removing the micro-managing as a practicable step either
Please treat this as a complaint as they telecom specifically in the Hamilton office under the leadership of Michelle Young call center manager at the behest of Bridgette Dalzell seconded national manager at the time (see in blog re boot camp ) with the able help of Iain Galloway from HR have or are in the process of doing this to at least a number of other individuals
I also am of the belief that some of their acts/procedures constitute a criminal act under various labor laws
Yes I have signed an agreement at mediation that all matters between myself and Telecom where resolved but I was unaware at that time that illegal acts where being used to achieve the outcome Telecom required
To all
This blog has been in play for some months to gain the full story go to left hand side go to bottom post 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
I would encourage you to visit my blog http://hwyop.blogspot.com/ please go to left hand side please go to the first post and work your way up
This will serve to illustrate my current difficulties
I have canvassed every way possible with my employer and with the labor department to resolve but now find myself shut out
I believe that I have been unjustifiably dismissed under the following reasons
1 the dismissal itself was not fair or reasonable
2 the dismissal has been carried out in an unfair way
3 that I was discriminated against by their refusal or failure to offer me the employee
A The same terms of employment
B Conditions of work
C Being made to resign by the employer
As other employees with the same or similar qualifications experience or skills working in the same or similar circumstances
Furthermore I suffered dismissal and detriment by the employer and their representative in circumstances in which other employees doing the same kind of work are not or would not be treated in the same way i.e. I was micro-managed out. a process that is widely known to be work place bullying others equal to me in ability or lack of same where not
I also believe that because they deliberately ignored the 2002 health and safety amendment act with regard to hazards in the work place .stress is classed as a hazard (they had no hazard control plans in place at the time )as required by law and failed to acknowledge letters from my doctor (that stated the micro-managing was affecting my health)they failed to take “all practicable steps “ to alleviate the concerns by removing the micro-managing
The department of labor was unable to clearly state why they didn’t consider removing the micro-managing as a practicable step either
Please treat this as a complaint as they telecom specifically in the Hamilton office under the leadership of Michelle Young call center manager at the behest of Bridgette Dalzell seconded national manager at the time (see in blog re boot camp ) with the able help of Iain Galloway from HR have or are in the process of doing this to at least a number of other individuals
I also am of the belief that some of their acts/procedures constitute a criminal act under various labor laws
Yes I have signed an agreement at mediation that all matters between myself and Telecom where resolved but I was unaware at that time that illegal acts where being used to achieve the outcome Telecom required
To all
This blog has been in play for some months to gain the full story go to left hand side go to bottom post 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
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