i get the feeling they are not happy at all
the lawyer is entitled to his view
it is up to the employment relations authority to decide on the out come
UNDER THE EMPLOYMENT RELATIONS ACT 2000
BEFORE THE EMPLOYMENT RELATIONS AUTHORITY AT AUCKLAND
File No. 5315212
BETWEEN PAUL EVANS-MCLEOD
Applicant
AND TELECOM NEW ZEALAND LIMITED
Respondent
STATEMENT IN REPLY
Simpson Grierson
Barristors & Solicitors
J D RooneylS L Hogg
Telephone: +64-9-358 2222
Facsimile: +64-9-307 0331
Email: john.rooney©simpsongrierson.com
DX CX1 0092
Private Bag 92518
Auckland
To: The applicant
And to: The Employment Relations Authority
1. The respondent’s view in relation to the problem specified in the application is:
(a) The Authority has no jurisdiction to hear and consider the applicant’s claim under section 161 of the Employment Relations Act 2000 (ERA) as it is not an employment relationship problem.
2. The first respondent’s account of the relevant facts is:
(a) The applicant is a former employee of the respondent. The applicant’s employment with the respondent terminated on 20 August 2009.
(b) The parties entered into a settlement agreement which was signed by a mediator on 24 August 2009 pursuant to section 149 of the Employment Relations Act 2000.
(c) The applicant subsequently sought, unsuccessfully, to pursue a personal grievance in relation to his employment with the respondent.
(d) The respondent does not accept that the Authority has jurisdiction to hear and consider the applicant’s claim which relates to events that are alleged to have occurred after the cessation of the applicant’s employment with the respondent.
"events that are alleged to have occurred after the cessation of the applicant’s employment with the respondent".
sorry bro what part of an email that says do not re-employ dated etc with in three weeks of my resignation don,t we get
it happened i have proof they are pissed off they got the office junior to pack the box of documents and it slipped thru
(e) The applicant’s claim is frivolous, vexatious and an abuse of process. Further, it is brought in the applicant’s full knowledge that he has no means to meet an award of costs against him.
fuck off it was you wankers that abused the disciplainary process you all lied shaun bridget michelle hannah iain thinking you where safe in the knowledge that no one would challenge you and it would be uncovered
which is why each time i show you lawyer where the lies are he stops persuing that avenue and changes tack the blood is on your hands and it wont wash off oh bugger
the many who have been following the blog have already seen a couple of you caught out so keep pouncing around the site knowing that your work mates think very little of you and your actions your integrity and your honesty
you would be amazed at the commnets and the level of support i have for my blog quite heat warming really
(f) Without prejudice to the respondent’s position, it denies the allegations set out in the statement of problem.
3. The first respondent makes the following comments and supplies the following further information:
For the reasons set out above, the Authority does not have jurisdiction to grant remedies sought by the applicant in his statement of problem.
4. The respondent attaches copies of the following documents (which it thinks are relevant to the problem):
(a) The Authority’s determination in Evans-McLeod v Telecom New Zealand Limited (AA 187/10, V Campbell (Member), 26 April 2010).
Mediation
5. Have you, the respondent, tried to resolve this problem by using mediation services provided by the Department of Labour?
Yes/ No
6. Have you, the respondent, tried to resolve this problem by using mediation provided by someone other than the Department of Labour? Yes / No ~
7. Have you, the respondent, taken any other steps of any kind to resolve the problem? Yes No ~
Signature of Counsel for:
Telecom New Zealand Limited
Date: _______________ __________________
This statement in reply is lodged by JOHN DOMINIC ROONEY, on behalf of the abovenamed respondent, whose address for service is at the offices of Simpson Grierson, Lumley Centre, 88 Shortland Street, Auckland 1141 and whose telephone number is ÷64-9-977 5070 and whose fax number for service is +64-9-977 5083 and whose document exchange number for service is DX CX1 0092 and whose e-mail address for service is john.rooney~simpsongrierson.com.
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