Saturday, February 23, 2013

I swear that the evidence

I swear that the evidence that I shall give, shall be the truth, the whole truth and nothing but the truth, so help me God.

APPLICATION TO EMPLOYMENT RELATIONS AUTHORITY
(Section 158, Employment Relations Act 2000)
Between
Full name of applicant                     Paul Alan Evans-McLeod: 
Address of applicant:               17 Minnie Place  Pukete Hamilton 
and
Full name of respondent: Telecom New Zealand Limited (Telecom) 
Address of respondent   c/o John Rooney partner Simpson Grierson Private Bag 92518 Auckland 1141
To the Employment Relations Authority
And to the respondent
Statement of problem (or matter)
1. The problem (or matter) that I wish the Authority to resolve is:1
An alleged verbal compliant from an intellectually handicapped girl was used to commence a disciplinary procedure against myself.
I am disputing the fact that this complaint occurred as no substantive verifiable proof can be provided by Telecom despite frequent requests since the commencement of the disciplinary action
It represents a fraud against me, and the identity theft against the girl with the intellectual disability.

2. The facts that have given rise to the problem (or matter) are:1
Requests for audio files, verbatim transcripts , or any documentation regarding the complete process have typically been ignored, or a have had disingenuous response, or advice has been received , that files no longer exist, or did not exist under section 29(2)(b) of the privacy act
I contend that no verbal compliant was made by the girl with the intellectual disability









1 Give enough detail to ensure that the Authority and the respondent are fully, fairly, and clearly informed.
Form 1 - continued
3. I would like the problem (or matter) to be resolved in the following way:1 2
I request that the intellectually handicapped girl be interviewed first, to confirm that a verbal complaint was laid by her, with regard to my previous interactions with her, this will determine the veracity of each of the following peoples statements and contentions regarding this matter.
Bridgette Dalzell , Hannah Sullivan ,Iain Galloway, Shaun Hoult and Michelle Young
After the authority has spoken with the girl. I request that the people mentioned then be individually interviewed without the others present and that they be requested to verify and confirm all statements, views, content and contentions with regard to this specific matter
That they also all be separated both before and after to avoid collusion
Resolution of this matter requires the determination as to whether the girl made a verbal compliant, if she has not, then does this fraudulent act impact on other employment matters which Telecom engaged in with my disciplinary process that relied on the integrity of that which they all provided, particularly those agreements entered “freely entered into” in ‘good faith” now found to be fraudulent. Are these negated and required to be revisited. Are there other offences under the Crimes Act, Defamation Act or any other relevant laws committed by any and all either jointly and severally?



4. I attach copies of the following documents (which I think are relevant to the problem):3
          Attachment 1  Manner described by customer
         Attachment 2   Manager referring to purported statement from non-existent complaint   
         Attachment  3  Additional reference to TWO customer complaints
      Attachment 4 Reference to verbal complaints
        Attachment   5 Alleging the customer described the calls
        Attachment    6 Latest requests
 





Mediation
5. Have you, the applicant, tried to resolve this problem (or matter) by using mediation services provided by the Ministry of Business, Innovation and Employment?  Yes •  No •X
6. Have you, the applicant, tried to resolve this problem (or matter) by using mediation provided by someone other than the Department of Labour? Yes •  No •X
7. Have you, the applicant, taken any other steps of any kind to resolve the problem (or matter)?                                 Yes •X  No •
If the answer to this question is "Yes", specify the other steps taken:
Addressed the contention of fraud with Department of Labour, lodged compliant with Police, Privacy Commission, Ombudsman, Telecom Ceo (past and present) Telecom Board Members of Parliament, Prime Minister Leaders of all Parties, and currently preparing a petition to House of Representatives to request of Telecom, the verifiable specifics of the alleged verbal complaint and other matters being denied to me by Telecom since the onset. The matter is most easily addressed by any of the members of any of these departments, interviewing the girl whom allegedly made the verbal complaint, my preferred option. Ministers of the Crown have advised that they view it as fraud, and therefore a matter for the Police. The Police view it as an employment matter. Raising the matter via this process seems to be a logical alternative to the bureaucratic ping pong engaged in by Government Departments. The Petition to Parliament requires all avenues be pursued prior; this action complies with that request. I have requested the details of the intellectually disabled girl so that an independent investigator can determine the truth via an appropriately prescribed process, this has been denied to me, I am very aware of the distress this may cause with this girl and would rather avoid it. One of my advisors conscious of this has been in touch with the head office of the IHC to determine, what support, process is appropriate.

8. If you, the applicant, have answered "No" to both the question in paragraph 5 and the question in paragraph 6, please indicate why you have not used mediation to try to resolve the problem (or matter):
All straight forward requests for verifiable information, has met with disingenuous responses, denials or advice that files no longer exist. There is no verifiable evidence of process within Telecom around the verbal complaint, notes taken at onset, verbatim transcriptions, written notes of discussions within management, or any indication that the girl’s concerns have been actioned and signed off to the girl’s satisfaction. There has been no opportunity provided to myself to attest to accuracy of any of these discussions and facts presented. All of which under privacy provisions I am entitled to, it has not been provided thus far , and is unlikely to be provided within mediation. All five managers etc. mentioned were across the process, all have been given the opportunity to correct the situation they have not.





Be very aware  some if not all of the names below are the subject of a still open complaint for fraud with the Hamilton police

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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