Persistance Pays

Persistance Pays

My persistence has paid off..

Independent investigator advice hits the mark.

For those that have followed my trials and tribulations we  have after all this time succeeded in placing Telecom before the Employment Relations authority.

Changing tack and seeking the assistance of an independent  investigator has borne fruit

Below is the revised statement of problem that was required by the authority.

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:

With regard to section 114 of the Employment Relations Act 2000 paragraph

 (4)On an application under subsection (3), the Authority, after giving the employer an opportunity to be heard, may grant leave accordingly, subject to such conditions (if any) as it thinks fit, if the Authority—

• (a)is satisfied that the delay in raising the personal grievance was occasioned by exceptional circumstances (which may include any 1 or more of the circumstances set out in section 115); and
• (b)considers it just to do so.

It is occasioned by exceptional circumstances namely:

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.

It is just to do so: as this act by telecom violated principles of good faith when Telecom engaged in my disciplinary process that relied on the integrity of that which they provided, and thus impacted consequent  agreements entered “freely entered into” in ‘good faith” which should thus be negated and required to be revisited

Requests for the specific information were not honoured.

With regard to

Further provision regarding exceptional circumstances under section 114

• For the purposes of section 114(4)(a), exceptional circumstances include—
• (a)where the employee has been so affected or traumatised by the matter giving rise to the grievance that he or she was unable to properly consider raising the grievance within the period specified in section 114(1);

At the time of the disciplinary action I was subjected to a sustained and deliberate process of micromanagement against the achievement of impossible targets ( part of which was having a standard of being 100% right  100% of the time) and repeated disciplinary meetings within each working week on a continuous basis for a period of about eight months. This is attested to in emails obtained under the Privacy act consequent to my exit, from Bridgette Dalzell advising that “Shaun and Michelle had a good rhythm going and it normal takes him two days to calm down.” .

Shaun Hoult is my team leader , Michelle Young his manager.

 A further email from Trish Keith Telecom National General Manager advised she was aware I was very distressed.

Ian Galloway HR telecom ,and Michelle Young acknowledged within these disciplinary meeting that I was being micromanaged on two occasions (which can be defined as work place bullying) confirming the deliberate process, the effect of this  resulted in severe chest pain immediately after meetings requiring medical attention, (Note. The disciplinary action commenced shortly after return from work from an heart operation). The mental pressure deliberately imposed has left me with PTSD (post-traumatic stress disorder) as advised by my doctor, whom expressed her concerns directly to telecom particularly as I already under treatment from her for bipolar , manic depression, which telecom was aware of throughout my employment and prior to this disciplinary procedure.

Thus I was unable to probably consider raising the grievance within the period specified

I am claiming these actions amongst others by my employer were unjustified.

·         A fraudulent non existent verbal complaint from a intellectually impaired girl

·         A disciplinary action based on this complaint

·         Deliberate micro management to affect my mental state and ability to reason to my detriment

2.       The facts that have given rise to the problem (or matter) are:

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.

The authority to make a determination regarding: Are these negated and required to be revisited.

The authority to make a determination: Are there other offences under the Crimes Act, Defamation Act or any other relevant laws committed by any and all either jointly and severally?

The remedies I seek are , but not limited to:

·         reinstatement of my  former position or the placement a position no less advantageous

·          reimbursement of a sum equal to the whole or any part of the wages or other money lost as a result of the grievance:

·         the payment of compensation by the  employer, including compensation for

humiliation, loss of dignity,   and injury to the feelings, loss of any benefit, whether or not of a monetary kind,  might reasonably have been expected to obtain if the personal grievance had not arisen:

I have lost the benefit of good health and possible life expectancy.

My marriage and personal relationships have suffered immensely

·          if the Authority or the court finds that any workplace conduct or practices are a significant factor in the personal grievance, recommendations to the employer concerning the action the employer should take to prevent similar employment relationship problems occurring:

 Practise of micromanagement was a significant factor

Concerning the action the employer should take in  respect of the person who made the request or was guilty of the harassing behaviour, which action may include the transfer of that person, the taking of disciplinary action against that person, or the taking of rehabilitative action in respect of that person about any other action that it is necessary for the employer to take to prevent further harassment of the employee concerned or any other employee.

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.

Fee

9.       This application is accompanied by the prescribed fee. Will be via internet banking with the reference Evans-McLeod or McLeod.

Signature of applicant:..................................................

Date:.............................

¹  Give enough detail to ensure that the Authority and the respondent are fully, fairly, and clearly informed.

²   Please include reference to any specific remedy (being a remedy under any enactment or rule of law) that you are seeking. If the applicant is an employee who is seeking, by this application, an order, under section 127(l) of the Employment Relations Act 2000, for the employee’s interim reinstatement, the applicant must, at the time of lodging this application, file a signed undertaking in Form 2.

³   List here all the documents that are attached, e.g. your employment agreement or letters that you wish to rely on, or documents required under any other legislation, etc.

Form 1-continued

Notice to the respondent

1.       If you intend to respond to this application, you must, within 14 days after the date of the service* of this application on you, lodge 2 copies of a Statement in Reply with an officer of the Employment Relations Authority at [                                         ].

* Note that Regulation 8 of the Employment Relations Authority Regulations 2000 allows the Authority to direct a shorter period in any particular case

2.       The term days (in paragraph 1 of this notice) does not include any day in the period beginning with 25 December in any year and ending with 5 January in the following year.

3.       You will be notified of the place, date, and time at which the Authority will conduct any investigation meeting, in respect of this application.

Officer of the Employment Relations Authority: ...............................................................................

......................................................................................................................................................

Date:.......................................           

This application is lodged by Paul Evans-McLeod.................................. , whose address for service is

 17 Minnie Place Pukete Hamilton.......................................................... and whose telephone

number is 07 8494584.............. and whose fax number for service is …………………….……. and whose

document exchange number for service is ……………………………... and whose e‑mail address for

service is paul.evans-mcleod@xtra.co.nz……...…………………………………………… .⁴

or

This application is lodged by............................................................ on behalf of the above named

applicant, whose address for service is .……………………………………………...…………

…………………………………………………………………..and whose telephone number is

……………………. and whose fax number for service is …………………….……. and whose document

exchange number for service is ……………………………... and whose e‑mail address for service is

………...…………………………………………… .⁴

⁴   Although a full postal address must always be supplied, the supply of a telephone number and the supply for service of any 1 or more of the following, namely, a fax number, a document exchange number, or an e-mail address are optional.