you work for them most of your life and telecom just cant resist putting the boot in

UNDER THE EMPLOYMENT RELATIONS ACT 2000


BEFORE THE EMPLOYMENT RELATIONS AUTHORITY AT AUCKLAND
File No.
BETWEEN TELECOM NEW ZEALAND LIMITED Telecom House, 8
Hereford Street, Auckland
Applicant
AND PAUL EVANS-MCLEOD, 17 Minnie Place, Pukete, Te
Rapa, Hamilton
Respondent
STATEMENT OF PROBLEM


~ Simpson Grierson
Barristers & Solicitors

To: The Employment Relations Authority
And to: The respondent


The problem that the applicant wishes the Authority to resolve is:


(a) The applicant seeks a compliance order pursuant to ss137(2) and 138 of the Employment Relations Act 2000 requiring the respondent to comply with the costs determination of the Authority in Paul Evans-McLeod v Telecom New Zealand Limited, Bridgette Daizell, Michelle Young, Shaun Hoult AA187AIIO

. The facts that have given rise to the problem are:


(a) The applicant has been awarded costs in the sum of $1500 and disbursements of $401.48 by Determination of the Authority dated 1 June 2010.


(b) By letter dated 9 June 2010 the applicant sought payment in full by 18 June 2010.


(C) Up to and including 25 June 2010, the respondent had made payment to the applicant’s solicitor’s trust account in the sum of $19.00 by way of 19 instalments of $1.00.


(d) The applicant rejected payment at this rate and again requested payment in full by letter dated 14 June 2010.


(e) By email dated 17 June 2010 the respondent offered to increase payment to $10 per week. Under this proposal, the applicant would not receive full payment of the sums it has been awarded for over three and half years.


(f) To date, the respondent has refused to make payment in full and continues to make payment at the rate of $1.00 per week day. At this rate, the respondent’s debt to the applicant would not be satisfied until 2017.
3. The applicant would like the problem to be resolved in the following way:


(a) The applicant seeks a compliance order pursuant to ss137(2) and 138 of the ERA requiring the respondent to comply with the costs determination of the Authority in Paul Evans-McLeod

v Telecom New Zealand Limited, Bridgette Daize!!, Michelle Young, Shaun HouItAAI87AJIO being:


(i) the respondent is to pay the applicant the sum of $1,481.00 as costs; and


(ii) the respondent is to pay the applicant the sum of $401 for disbursements.


(b) The applicant seeks that the costs and disbursements be paid in their entirety no later than 30 July 2010.


(C) The applicant further seeks the costs of, and incidental to, this application.


4. The applicant attaches copies of the following documents relevant to the problem:


(a) Costs Determination of the Authority dated 1 June 2010

(b) Correspondence with the respondent dated 9 June 2010 and 14 June 2010.

(C) Email from the respondent dated 17 June 2010


Mediation


5. Have you, the applicant, tried to resolve this matter using mediation services provided by the Department of Labour?
Yes No~

6. Have you, the applicant, tried to resolve this problem using mediation provided by someone other than the Department of Labour? Yes El No ~


7. Have you, the applicant, taken any other steps of any kind to resolve the matter? Yes ~ No ~


The Applicant has requested payment by letters dated 9 and 14 June

2010.


8. If you, the applicant, have answered “No” to both the question in paragraph 5 and the question in paragraph 6, please indicate why you have not used mediation to try to resolve the matter.


The Applicant has not requested mediation for the following reasons:


(a) The cost involved in attending mediation would potentially be greater than the amount the Applicant is seeking to recover pursuant to this application; and

(b) The Cost Determination this application relates to follows the Authority’s finding that it had no jurisdiction to investigate a personal grievance raised by the Respondent in light of a Record of Settlement

the parties entered into pursuant to section 149 of the Employment Relations Act 2000. In the circumstances, the Applicant has little confidence that the Respondent would observe any agreement entered into at mediation.


Fee


9. The application is accompanied by the prescribed fee.
Notice to the respondent

1. If you intend to respond to this application, you must, within 14 days after the date of the service of this application on you, lodge 2 copies of a statement in reply with an officer of the Employment Relations Authority at Auckland.


2. The term days (in paragraph I of this notice) does not include any day in the period beginning with 25 December in any year and ending with 5 January in the following year.


3. You will be notified of the place, date and time at which the Authority will conduct any investigation meeting in respect of this application.



Officer of the Employment Relations Authority:


Date:



This application is lodged by JOHN DOMINIC ROONEY, on behalf of the abovenamed applicant, whose address for service is at the offices of Simpson Grierson, Level 27, 88 Shortland Street, Auckland and whose telephone number Is 09-977-5070 and whose fax number for service is 09-977-5083 and whose document exchange number for service is DX CXI 0092 and whose e-mail address for service is john.rooney~5imPSongrierS0n.c0m.