Saturday, March 24, 2012


So time for a recap remember my post when caught in the crosshairs 101

Observations

Disciplinary actions are not always based on facts   verified by catching telecom out with two false letters of complaint  both are illegal acts which senior management have failed to address is it condoned....lack of action by management above would indicate..a loss of ethics or turning a blind eye...neither negate ultimate accountability....jointly and severally ......


Telecom ethics and conduct standards are not always complied with  facts   verified by catching telecom out with two false letters of complaint  both are illegal acts which senior management have failed to address is it condoned....lack of action by management above would indicate..a loss of ethics or turning a blind eye...neither negate ultimate accountability....jointly and severally ......

Management will not protect your interests facts   verified by catching telecom out with two false letters of complaint  both are illegal acts which senior management have failed to address is it condoned....lack of action by management above would indicate..a loss of ethics or turning a blind eye...neither negate ultimate accountability....jointly and severally ......


So
Determine the agenda

So lessons to be learnt
Using the following basic principles, which is basic police procedure?

Accept Nothing
Believe No one
Corroborate everything

At the onset of any disciplinary action.

Assemble a chronological file
Cross reference everything
Be patient
Do not react without thinking, pause, reflect act
Seek learned counsel
Act within the law they might not  verified by catching telecom out with two false letters of complaint  both are illegal acts which senior management have failed to address is it condoned....lack of action by management above would indicate..a loss of ethics or turning a blind eye...neither negate ultimate accountability....jointly and severally ......

Learn the law
Know the law
Ensure it is complied with fully at each and every step. It is a legal requirement

Record everything, every interaction with management, even those seemingly casual, diary it as well.
Request immediately via the privacy commission, all correspondence, or information held by your employer.
Your are entitled under law, to have this, and you can require it to be corrected

In every disciplinary meeting, have two advocates in support, one from the union, and one preferably external (who can be objective) a lawyer is best, do not attend without one
Record everything
Take a digital recorder VERBATIUM
Take complete notes of every statement within the meeting, copies of all correspondence
Request the copies of the minutes
Challenge all inaccuracies
Challenge all assumptions
Challenge any view given by those within management or HR with regard to your rights, seek precise information from external counsel, DO NOT proceed until absolutely certain.
Do not proceed until you have all facts AND YOUR RIGHTS corroborated, this may require you to exit a meeting
Retain multiple files copies digital and hard copies

Urgent update below

New precedence set by determination of [2011] NZERA Christchurch 210 5365012 BETWEEN KANA SHANMUGANATHAN AND POWERNET LIMITED
Authority member Appleton ordered Powernet to reinstate Shanmuganathan, effective yesterday, as he believes he has a "tolerably arguable case that he will prove his case of a personal grievance of unjustified dismissal".
His reasons for the finding included doubts over the thoroughness and accuracy of Powernet's analysis of Shanmuganathan's email; its own report showed at least 20 staff had greater web usage than Shanmuganathan, and four other staff had sent more emails than him during the time sampled.
If you are performance managed with large volumes of data (as they did to me they ran reports across everything going back four months) An employer relying on large volumes of data to show serious misconduct must take reasonable steps to ensure that data was transparent and fair, he said.
His patently wasn’t 24 staff where had worse statistic then he had

I asked that I be judged amongst my peers was denied on the basis of privacy   DONT LET IT HAPPEN TO YOU

In it simplest form the above means that if your dismissal is based on data that is common across all other areas in you work place from letter of complaint to performance statistics
you can ask to be judged in full comparison across your site of all other employees  any as above that match yours or fall below it must form part of managements actions


this then shows that managers performances are fair and reasonable

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