IN THE EMPLOYMENT RELATIONS AUTHORITY
AUCKLAND
BETWEEN PAUL EVANS-MCLE0j)
Applicant
AND TELECOM NEW ZEALAND
LIMITED
Respondent
Member of Authority: K J Anderson
Date: 11 March2011
MINUTE OF THE AUThORITY
The Authority is now in possession of a considerable amount of material relating to the claims of Mr Evans-McLeod, as set out in his Statement of Problem received by the Authority on 10th August 2010.
Via an email dated13th September 2010. I recorded that as Mr Evans-McLeod was awaiting information from the office of the Privacy Commissioner, the investigation of the Authority was suspended until the situation became clearer. On 9th January 2011, Mr Evans-McLeod requested that the Authority ~"reopen” the file and he forwarded further material for consideration. This was forwarded to Mr Rooney, acting for the respondent, and he responded on 28th January 2011.
As has been discussed previously, given the history of this dispute, there remains a jurisdictional issue as to whether Mr Evans~McLeod is able to pursue his claims in the Authority. I conclude that the matter of whether or not the Authority has jurisdiction, pertaining Mr Evans-McLeod’s claims, must be treated as a preliminary issue for determination before those claims can be investigated further.
It is my intention to determine the issue of jurisdiction on the papers currently before the Authority. While it is my preliminary conclusion that no further material or submissions are required, if the parties take issue with that view, any summary of argument, regardingthe jurisdictional issue only, must be filed simultaneously, with the Authority, by 31 March 2011.
K J Anderson
Member of the Employment Relations Authority
So what does ALL this mean
It means they are required to look into the circumstances around my dismissal
The information i sent to them and that they are referring to is on my blog its the 35 page submission with 34 attachments
The essential element is the jurisdiction issues
When they forced me to resign i signed away all my rights, the matter was finished with ,signed sealed delivered and telecom thought that was the end of it
But as you know i found out they acted dishonestly by intimating that they had a letter of complaint from a handicapped girl that said i was "condescending and rude'
it didnt exist there was no letter it was a fraud and deception
MOST IMPORTANTLY IT IS ILLEGAL
So what this letter is saying is the ERA is now required to investigate in law whether that act of dishonestly and others i highlighted negates/nullifies the original settlements i signed
My information from my learned lawyer friend says it does
So telecom now has to present their argument as to why it should not by the 31th of match
If it comes back in my favour its a whole new ball game
THE IMPORTANT POINT IS THAT THEY RECOGNISE THE VALIDITY OF MY ARGUEMENT AND THE REGONISE THEY HAVE TO MAKE A RULING .IT IS UP TO TELECOM AT NO COST TO ME (OH BUGGER) TO PERSUADE THE AUTHORITY THAT DISHONESTY IN THE DISCIPLINARY PROCESS IS ALLOWABLE AND ACCEPTABLE
I DONT THINK SO
IF I AM FORTUNATE ENOUGH TO HAVE A RULING IN MY FAVOUR THERE IS GOING TO BE A HUGE UPROAR AS ALL OTHER DISCIPLINARY PROCESS PERPERTRATED BY ALL THE PEOPLE INVOLVED IN MY DISMISSAL WILL HAVE TO BE RE -EVALUATED WITH A FINE TOOTH COMB TO ENSURE THAT JUSTICE WAS NOT ONLY ,DONE BUT IT WAS SEEN TO BE DONE
PLUS CONSIDERATION WILL HAVE TO BE GIVEN AS TO WHETHER A CRIME WAS COMMITTED SUCH AS FRAUD OR DECEPTION UNDER THE CRIMES ACT
CONSIDERATION MAY HAVE TO BE GIVEN AS WHO WAS CUPABLE UNDER SAME ACT
ALL PARTIES BROUGHT IT ON THEMSELVES THEY WHERE THE ONES WHO ACTED ILLEAGALLY I NOT COUNTING MY CHICKENS BEFORE THEY HAVE HATCHED
HOWEVER IT WILL BE INTERESTING PRECEDENT IN LAW IF THEY GET AWAY WITH ACTING DISHONESTLY
SOME COMMENTS THAT HAVE BEEN RECIEVED
Good luck mate. I hope the ruling goes in your favour and that there is some rethinking on how the whole HR community think they can bully people into submission.
Wow.
The fight is still on then.
Good one Paul.
You go Paul
Good luck pal, I've got my nuts crossed for ya.
when your famous for bringing down telecom can i still be your friend
Yay!!! Paul! That is awesome news mate!
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 centre manager Hamilton call centre, whom is Shaun Hoults direct report at time of incidents
Shaun Hoult: team manager weekend team Sat-Tues Hamilton
Iain Galloway HR representative for in Hamilton
Hannah Sullivan HR representative head office
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 centre manager Hamilton call centre, whom is Shaun Hoults direct report at time of incidents
Shaun Hoult: team manager weekend team Sat-Tues Hamilton
Iain Galloway HR representative for in Hamilton
Hannah Sullivan HR representative head office
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