Tuesday, May 11, 2010

my reply re request for costs

This blog has been in play for some months to gain the full story go to left hand side blog archive go to bottom post and read upwards






Attn John Rooney

WITHOUT PREJUDICE

Dear John

Thank you for the recent correspondence with regard to costs file 5294885

I wish to dispute the costs and offer the following proposal in respect of those costs

We note Para.3 that the notional daily rate is $3000 dollars per hearing day .

We also note your acknowledgement in Para.4 that the hearing was half a day, the hearing in fact in my recollection only lasted at most a hour and half

So on a pro rata basis considering a full day to be eight hours, we consider a contribution to costs( including gst) of $562.50 to be an entirely reasonable contribution
($3000 divided by 480, the number of minutes in a full eight day, times 90 the number of minutes involved in the hearing ).

Your comments in regard to the fact that my claim was statue banned and bound to fail are noted .

However my concern in taking my case to the authority was to ascertain the legally of the process I was put through to achieve Telecoms aim .
A successful outcome on my behalf would have effectively negated the mediation ban .
The authority was the only avenue available to me to pursue this question
.

With regard to my approach to discovery incurring far more costs to your client than it should have.

This entirely of their own doing.

Over the course of my long dispute with telecom , several compromises were offered by myself , which would have mitigated the cost.

My resignation was offered, this telecom refused to accept.

Secondly ( this formed part of the incomplete meeting notes alluded to in the hearing) when I offered that we end all this nonsense, apologise to each other accept the lesson learned on both sides and put it behind us .Telecoms response was a final written warning.

Which indicated to me that it was a personal vendetta on behalf of the site manager and the seconded national manager which they proceeded with , being fully aware of impact it was having on my health and my marriage despite the fact they were fully aware of the medical issues I was facing


This is supported in their own documents from HR written by Helen Sullivan, (the same documents you requested be keep confidential ) they indicate in my view that the final written warning was to be the outcome which indicates predetermination and premeditation

Careful perusal of my response notes would indicate that I advised you in reply that I would not be keeping them confidential and would be using all at my disposal to clear my name, this process is ongoing

One would also question why therefore I should pay for incomplete product .

Para 6 I quote “ if an agreement cannot be reached by this time we will file a memorandum in the authority seeking costs and disbursements over and above the amount sought in this letter “ I also reserve that right

The offer is full and final, fair and reasonable

All other considerations are immaterial and largely of Telecoms own making

Your faithfully

Paul Evans-McLeod



Current telecom participants
Bridgette Dalzell current head of outsourced customer care at telecom New Zealand whom is Michelle Young's direct report at time of incident
Michelle Young call center manager Hamilton call center, whom is Shaun Hoults direct report at time of incidents

Shaun Hoult team manager weekend team Sat-Tues Hamilton

Iain Galloway HR representative spends a lot of time in Hamilton

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