Thursday, March 17, 2011

reverse monoploy

this is a new baord game in town it called reverse monoploy 
rules
1 you must be a telecom employee 
2 you must be one of the named particpants in the action paul evans-mcloed vs telecom new zealand very elite group
3 it called a baord game cause win lose or draw the baord will be present with it at some piont in the future

4 shake dice to see who goes first 

5 if you are able to associate yourself  with any of the acts breachs pargraphs that follow you get

 and go to jail card  and telecom will assit you to go there to be free of your lack of intregrity and dishonesty that has brought the company into disrepute

they wont care if you have young children mortages to pay that a carear has been ruined all they will care is you broke the law

ohh the person who gets furtherest down the page before the can rightfully tick the box is the winner

Jurisdiction of the Court


Employment Court - jurisdiction of the court

The Employment Relations Act 2000 section 187 gives jurisdiction to hear all matters relating to employment disputes, either direct (in the case of strikes or lockouts) or after the parties have been to the Employment Relations Authority. The Employment Court is constituted as a court of record and has standing equal to the High Court of New Zealand.

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Jurisdiction covers the following areas:

• Challenges from the Employment Relations Authority either a de novo hearing when the election relates to the whole of the determination or, a challenge of the part of the determination when a hearing is sought only in relation to certain issues involved in the matter.

• Parties seek damages, an injunction, or compliance orders relating to actual or proposed industrial action - unlawful strike, lockout, or related picketing for example

• To review how various persons have exercised, or refused, or proposed, or purported to exercise, any of their powers under the Employment Relations Act 2000

• Where proceedings are referred or removed to the Court by the Employment Relations Authority

• When an individual seeks a declaration of whether or not he / she is an employee

• When people are alleged to have committed offences under the Employment Relations Act 2000

Jurisdiction of the Court

Employment Court - jurisdiction of the court

The Employment Relations Act 2000 section 187 gives jurisdiction to hear all matters relating to employment disputes, either direct (in the case of strikes or lockouts) or after the parties have been to the Employment Relations Authority. The Employment Court is constituted as a court of record and has standing equal to the High Court of New Zealand.

________________________________________

Jurisdiction covers the following areas:

• Challenges from the Employment Relations Authority either a de novo hearing when the election relates to the whole of the determination or, a challenge of the part of the determination when a hearing is sought only in relation to certain issues involved in the matter.

• Parties seek damages, an injunction, or compliance orders relating to actual or proposed industrial action - unlawful strike, lockout, or related picketing for example

• To review how various persons have exercised, or refused, or proposed, or purported to exercise, any of their powers under the Employment Relations Act 2000

• Where proceedings are referred or removed to the Court by the Employment Relations Authority

• When an individual seeks a declaration of whether or not he / she is an employee

• When people are alleged to have committed offences under the Employment Relations Act 2000

Referral of question of law

• (1) The Authority may, where a question of law arises during an investigation,—

o (a) refer that question of law to the court for its opinion; and

o (b) delay the investigation until it receives the court's opinion on that question.

(2) Every reference under subsection (1) must be made in the prescribed manner.

(3) The court must provide the Authority with its opinion on the question of law and the Authority must then continue its investigation in accordance with that opinion.

(4) Subsection (1) does not apply—

o (a) to a question about the procedure that the Authority has followed, is following, or is intending to follow; and

o (b) without limiting paragraph (a), to a question about whether the Authority may follow or adopt a particular procedure.

Compare: 1991 No 22 s 93

Section 177(4): added, on 1 December 2004, by section 57 of the Employment Relations Amendment Act (No 2) 2004 (2004 No 86).

Removal to court

• (1) Where a matter comes before the Authority, any party may apply to the Authority to have the matter, or part of it, removed to the court for the court to hear and determine it without the Authority investigating the matter.

(2) The Authority may order the removal of the matter, or any part of it, to the court if—

o (a) an important question of law is likely to arise in the matter other than incidentally; or

o (b) the case is of such a nature and of such urgency that it is in the public interest that it be removed immediately to the court; or

o (c) the court already has before it proceedings which are between the same parties and which involve the same or similar or related issues; or

o (d) the Authority is of the opinion that in all the circumstances the court should determine the matter.

(3) Where the Authority declines to remove any matter, or a part of it, to the court, the party applying for the removal may seek the special leave of the court for an order of the court that the matter or part be removed to the court, and in any such case the court must apply the criteria set out in paragraphs (a) to (c) of subsection (2).

(4) An order for removal to the court under this section may be made subject to such conditions as the Authority or the court, as the case may be, thinks fit.

(5) Where the Authority, acting under subsection (2), orders the removal of any matter, or a part of it, to the court, the court may, if it considers that the matter or part was not properly so removed, order that the Authority investigate the matter.

(6) This section does not apply—

o (a) to a matter, or part of a matter, about the procedure that the Authority has followed, is following, or is intending to follow; and

o (b) without limiting paragraph (a), to a matter, or part of a matter, about whether the Authority may follow or adopt a particular procedure.

Compare: 1991 No 22 s 94

Section 178(6): added, on 1 December 2004, by section 58 of the Employment Relations Amendment Act (No 2) 2004 (2004 No 86).

Meaning of employee

• (1) In this Act, unless the context otherwise requires, employee—

o (a) means any person of any age employed by an employer to do any work for hire or reward under a contract of service; and

o (b) includes—

 (i) a homeworker; or

 (ii) a person intending to work; but

o (c) excludes a volunteer who—

 (i) does not expect to be rewarded for work to be performed as a volunteer; and

 (ii) receives no reward for work performed as a volunteer; and

o (d) excludes, in relation to a film production, any of the following persons:

 (i) a person engaged in film production work as an actor, voice-over actor, stand-in, body double, stunt performer, extra, singer, musician, dancer, or entertainer:

 (ii) a person engaged in film production work in any other capacity.

(1A) However, subsection (1)(d) does not apply if the person is a party to, or covered by, a written employment agreement that provides that the person is an employee.

(2) In deciding for the purposes of subsection (1)(a) whether a person is employed by another person under a contract of service, the court or the Authority (as the case may be) must determine the real nature of the relationship between them.

(3) For the purposes of subsection (2), the court or the Authority—

o (a) must consider all relevant matters, including any matters that indicate the intention of the persons; and

o (b) is not to treat as a determining matter any statement by the persons that describes the nature of their relationship.

(4) Subsections (2) and (3) do not limit or affect the Real Estate Agents Act 2008 or the Sharemilking Agreements Act 1937.

(5) The court may, on the application of a union, a Labour Inspector, or 1 or more other persons, by order declare whether the person or persons named in the application are—

o (a) employees under this Act; or

o (b) employees or workers within the meaning of any of the Acts specified in section 223(1).

(6) The court must not make an order under subsection (5) in relation to a person unless—

o (a) the person—

 (i) is the applicant; or

 (ii) has consented in writing to another person applying for the order; and

o (b) the other person who is alleged to be the employer of the person is a party to the application or has an opportunity to be heard on the application.

(7) In this section,—

film means a cinematograph film, a video recording, and any other material record of visual moving images that is capable of being used for the subsequent display of those images; and includes any part of any film, and any copy or part of a copy of the whole or any part of a film

film production means the production of a film or video game

film production work—

o (a) means the following work performed, or services provided, in relation to a film production:

 (i) work performed, or services provided, by an actor, voice-over actor, stand-in, body double, stunt performer, extra, singer, musician, dancer, or entertainer (whether as an individual or not):

 (ii) pre-production work or services (whether on the set or off the set):

 (iii) production work or services (whether on the set or off the set):

 (iv) post-production work or services (whether on the set or off the set):

 (v) promotional or advertising work or services (whether on the set or off the set) by a person referred to in subparagraphs (i) to (iv); but

o (b) excludes work performed, or services provided, in respect of the production of any programme intended initially for broadcast on television

video game means any video recording that is designed for use wholly or principally as a game

video recording means any disc, magnetic tape, or solid state recording device containing information by the use of which 1 or more series of visual images may be produced electronically and shown as a moving picture.

Section 6(1)(d): added, on 30 October 2010, by section 4(1) of the Employment Relations (Film Production Work) Amendment Act 2010 (2010 No 120).

Section 6(1A): inserted, on 30 October 2010, by section 4(2) of the Employment Relations (Film Production Work) Amendment Act 2010 (2010 No 120).

Section 6(4): amended, on 16 November 2009, by section 173 of the Real Estate Agents Act 2008 (2008 No 66).

Section 6(7): added, on 30 October 2010, by section 4(3) of the Employment Relations (Film Production Work) Amendment Act 2010 (2010 No 120).

Power of court to order compliance

• (1) This section applies where any person has not observed or complied with—

o (a) any provision of Part 8; or

o (b) any order, determination, direction, or requirement made or given under this Act by the court.

(2) Where this section applies, the court may, in addition to any other power it may exercise, by order require, in or in conjunction with any proceedings under this Act to which that person is a party or in respect of which that person is a witness, that person to do any specified thing or to cease any specified activity, for the purpose of preventing further non-observance of or non-compliance with that provision, order, determination, direction, or requirement.

(3) The court must specify a time within which the order is to be obeyed.

(4) Where any person (being an employee, employer, union, or employer organisation) alleges that that person has been affected by a non-observance or non-compliance of the kind described in subsection (1), that person may commence proceedings against any other person in respect of the non-observance or non-compliance by applying to the court for an order of the kind described in subsection (2).

Compare: 1991 No 22 s 56(1), (2)



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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