reply from era re telecom bullying tactic re costs interesting reply

IN THE EMPLOYMENT RELATIONS AUTHORITY AUCKLAND


AA 388/10

5311630

BETWEEN TELECOM NEW ZEALAND

LIMITED

Applicant

AND PAUL EVANS-MCLEOD

Respondent

Member of Authority: Vicki Campbell

Investigation: On the Papers

Submissions received: 6 August 2010 from Applicant

10 August 2010 from Respondent

Determination: 26 August 2010





DETERMINATION OF THE AUTHORITY





[1] Telecom New Zealand Limited (“Telecom”) makes application for a compliance order against the respondent Mr Paul Evans-McLeod. Compliance is sought with the Authority’s Determination numbered AA 187A/10 dated 1 June 2010 (“the determination”).





[2] Telecom was awarded costs in the sum of $1500 plus disbursements of $401.48. The full payment of the costs award has not been paid by Mr Evans¬McLeod who has, instead, been paying Telecom incremental amounts each week up to $10.00 per week.





[3] Parties who take claims to the Authority or the Court do so with the risk that if they are not successful there may be financial consequences in that the unsuccessful party may have to contribute to the costs of the successful party.

yes thats fine i realised that going into it and am happy to pay



[4] Mr Evans-McLeod says he is complying with the determination albeit slowly. Mr Evans-McLeod is not currently in paid employment and is in receipt of a WINZ benefit. He has provided a copy of his weekly budget for the assistance of the Authority. I have some sympathy for Mr Evans-McLeod’s financial position, however, costs are payable in their entirety.

oh bugger where am i going to get the money from sell some stuff on trade me  may be



[5] Telecom seeks an order from the Authority that Mr Evans-McLeod materially increases his weekly instalments and that Mr Evans-McLeod be required to notify Telecom if he resumes his employment, until such time as the costs award is paid in full.

will do my best and have already agreed to in previous correspondance to notify telecom when i resume employment mind you telecom blacklisting me in the industry was not helpful to same



[6] The Authority does not have jurisdiction to make such orders with respect tounsuccessfti1-applicants. -Section 13 8(4A) provides the Authority with the discretion to make an order that payments to an employee may be made by instalments, however, this can only be done if the financial position of the employer requires it.





[7] This case is not about an employer seeking relief to make payments by instalment and the Act does not provide the Authority with the discretion to order instalments of payments for impecunious unsuccessful applicants.


impecunious  big legal word means "poor"


[8] In coming to my conclusions in this matter I have also taken into account the fact that continuing defiance of the Authority’s orders places Mr Evans-McLeod at peril of serious consequences. The Authority’s orders may be the subject of a further application for compliance in the Employment Court which is empowered to impose penalties for continuing non-compliance which include imprisonment, fines and the sequestration of property.

not sure about this one and the word defiance might be meant in a legal context cause im not defying the order just not paying alot 

jail doesnt worry me get 3 hots and a cot  long as it has a library can cath up on my reading



[9] It seems to me that Telecom is not averse to Mr Evans-McLeod paying the costs determination by instalment. Therefore the parties are ordered to attend mediation within the next 28 days to resolve the matter of the quantum and timing of any incremental payments to be made.

means john rooney the lawyer  can clip the ticket to charge telecom and have a nice drive to hamilton cause im not going anywhere cant afford it and talking about it might help
she is also saying to telecom dont be so demanding let  him pay by installments regonise that i am under fiancial duress




[10] Should mediation fail in assisting the parties to reach an agreement as to the amount and timing of any instalments, leave is reserved for Telecom to return to the Authority for an order requiring Mr Evans-McLeod to pay the costs award in full.

another words she is telling us both to be sensible about it again other wise the hammer drops



Costs



[11] Costs relating to this application shall lie where they fall.

means telecom pays and i dont have to plus is indicating to telecom do waste my time with silly bullying shit cause i will make you pay every time dumb fuckers

have decided to make them an offer  lets see how they react









Vicki Campbell

Member of Employment Relations