Petition Name: Right to justice
Petition Instigator: Paul Evans-McLeod17 Minnie Place, Pukete ,Te Rapa
Hamilton New Zealand
Phone 0064 7 8494584 Mobile 0272423222
Paul.evans-mcleod@xtra.co.nz
Statement of case: Fraud committed by Corporate (Telecom New Zealand Ltd) to effect disciplinary process and thus ultimate resignation
Brief overview: After nearly four decades of service for the major corporate Telecom New Zealand Ltd , disciplinary proceedings were commenced based on a written letter of complaint (from an intellectually handicapped girl).
This letter was not produced during proceedings when requested.
John Rooney from Simpson Grierson (Telecom’s lawyer) ultimately confirmed in writing that it had never existed.
I was effectively micromanaged out of employment, resigned due to the pressures of the process on my health , marriage and finances , hence constructively dismissed based on a fraudulent act, reference to a document used for their advantage, which was presented as a reality when it was not.
Extensive Notes: Refer to my blog http://hwyop.blogspot.co.nz
or Google …Hoist with your own petard
This provides the detail of the actions of those involved verified by their own documentation sourced via the privacy act provisions, with some signed off as “true and correct”

Action Taken thus far:
Documented and raised concerns with (amongst others)
 Employment Relations Authority New Zealand
 Telecom CEO Paul Reynolds
 Telecom CEO Simon Moutter
 Telecom Board
 Minister of Labour
 Minister of Police
 All members of Parliament
 Prime Minister John Key
 EPMU
Responses from thus above:
Have varied:
 Telecom CEO , have ignored me
 Telecom Board have ignored me
 Members of Parliament have referred matters to Police and Labour Ministers whom have acknowledged the fraud as a Police matter (Minister of Labour),Police on receiving it deny jurisdiction as it’s an employment matter ( convenient catch 22 or bureaucratic “ping pong”)

Critical Importance of this Petition:
Relates to the ability of corporates to utilise such tactics as a means to an end and the manipulation of the employment law process
The lack of accountability of the government agencies
The ability of individuals to redress such fraud when opposed by corporates with deep pockets
The ability of individuals to redress such fraud when government agencies fail to act (these agencies are effectively the citizens employees)
The New Zealand Bill of Rights should hold all to account as per
Section 27
Right to Justice
Every person has the right to the observance of the principles of natural justice by any tribunal or other public authority which has the power to make a determination in respect of that person's rights, obligations, or interests protected or recognised by law.
Salient Points
As Chief Justice of the United States Warren E Burger noted "A sense of confidence in the courts is essential to maintain the fabric of ordered liberty for a free people and three things could destroy that confidence and do incalculable damage to society: that people come to believe that inefficiency and delay will drain even a just judgment of its value; that people who have long been exploited in the smaller transactions of daily life come to believe that courts cannot vindicate their legal rights from fraud and over-reaching; that people come to believe the law - in the larger sense - cannot fulfil its primary function to protect them and their families in their homes, at their work, and on the public streets
"Justice delayed is justice denied" is a legal maxim meaning that if legal redress is available for a party that has suffered some injury, but is not forthcoming in a timely fashion, it is effectively the same as having no redress at all. This principle is the basis for the right to a speedy trial and similar rights which are meant to expedite the legal system, because it is unfair for the injured party to have to sustain the injury with little hope for resolution. The phrase has become a rallying cry for legal reformers who view courts or governments as acting too slowly in resolving legal issues either because the existing system is too complex or overburdened, or because the issue or party in question lacks political favor.
Issues Required to be addressed
 Principles of law
 Ethical considerations
 Accountabilities
Points to consider
 The lengths a corporate goes in terms of perpetuating the fraud by legal means and the cost of that
 The principles of law inherent in the case and the corporate thumbing their nose at legal requirements
 The corporate approach to mediation process and their HR’s manipulation of it.
 The impact on employment law should disciplinary actions be required to be verified as truthful and accurate and able to proven and presented as such (should cost prevent justice, and truth)
 The validity of stated corporate ethics, their proponent’s responsibilities and adherence to the stated beliefs and values
 The corporate morality exposed by the condoning of swingers sex on work time and work premises, (as no action taken) verses please produce the letter (a simple request) , and involve lawyers , HR to deny and confound
 The time and money spend on ignoring my requests against a simple act of requesting the letter be presented
 Where does the power really rest; with the law, with the government or with the corporate
 The responses of government agencies to the problem, deemed too hard and the disingenuous response of bureaucratic ping pong into a catch 22 situation thus justice is delayed , denied.
 What does the demonstrated values of both the corporate and the government in this case say about their real concern for either their public, their staff or their citizens (by their own words you shall know them)
 Whom displays the integrity: the individual going slowly through the prescribed process, to have his intelligence insulted with patronising responses.
 Whom is really accountable within corporate....is there a deliberate strategy to blur the actions and paths to appropriate resolution
 Who is really accountable within government and their agencies?
 Whom determines when a law is broken and evidence produced whether that is pursued,
 Is the law, the law or those tasked with its enforcement be that government agencies or the police able to determine their jurisprudence which is really the place of the courts
 It follows that if those who want to stop or impede the abuse of power (or those who are charged with this duty) do not have sufficient power (even if it were only moral power), they and their efforts will only serve as a source of amusement to those who abuse it.
Conclusion
The principles of natural justice are clearly apparent in my submissions, but deemed not worthy of enforcement by those charged with this duty....so much for governments being the servants of the people, whom elect and remunerate them
Be advised that another online petition has the ability that when each supporter casts a vote
http://www.change.org/en-AU/petitions/right-to-justice


 It can be sent to up to forty recipients
 These forty will be made up of
 The CEO of Telecom
 The Board of Telecom
 The five participants involved
 the editors of the major newspapers
 Relevant people with in government
 As well as major international media

The participants in this debacle are

Bridgette Dalzell:
Current head of outsourced customer care at Telecom New Zealand whom is Michelle Young's direct report at time of incident
To remind her that she was acting as head of this division at the time thus she carries overall responsibility Bridgette.Dalzell@telecom.co.nz

Michelle Young:
Call centre manager Hamilton call centre, whom is Shaun Hoults direct report at time of incidents
To remind her she should ensure that facts signed off by her as a true and correct record should be 100% right 100% of the time. She failed to do due diligence on my case which has now brought Telecom into disrepute Michelle.Young@telecom.co.nz


Shaun Hoult:
Team manager weekend team Sat-Tues Hamilton
To remind him his actions have brought telecom into disrepute, truth does matter as do ethics and these should not be compromised by others agendas shaun.hoult@telecom.co.nz

Iain Galloway HR
Representative Telecom HR
To remind him not to lie by omission when taking disciplinary meeting notes that a signed off as true and correct iian.galloway@telecom.co.nz

Hannah Sullivan HR Representative head office
To remind her that her of the lack of due diligence in overseeing this hannah.sullivan@telecom.co.nz



 CEO Simon Moutter simon.moutter@telecom.co.nz
To alert him he as some bad apples in the barrel that may well tarnish Telecom image and brand
 To the Telecom Board members
To remind them of their stated support of telecoms code of ethics carry absolutely no substance at all
 To John Rooney Telecoms lawyer
To remind him that he admitted in a written statement that the document in requested does not in fact exist so thus it is also an admission of fraud
 To Judith Collins John Key David Shearer and numerous others
To remind them that it is a crime and requires to be dealt with at ministerial level ( or to exert pressure on telecom to resolve it )
 To newspaper editors
To air my concerns in the public arena .Telecom has deep pockets. I have no asserts or chattels to my name

 To various unions
To garner their support with the points of law that could change the tenor of employment relations. Finally documents will need to state facts and be confirmed as completely true and correct in ALL aspects
For evil to triumph, good men do nothing
Just as corporations bankrupted the world economies and escaped scot free with the subprime debacle; so they are attempting to corrupt employment law
It is we the people at the workface that will pay the price of their duplicity
I encourage all to sign to protect what little is left of our rights in the employment arena
Please use all aspects of social media to provide exposure.

As of email 110912 the new ceo is aware of the matter

From: John Rooney [mailto:John.Rooney@simpsongrierson.com]
Sent: Tuesday, 11 September 2012 11:56 a.m.
To: 'Paul Mcleod'
Subject: RE: confirmation [SG-SGDMS.FID361431]



Dear Paul,



We refer to your emails of 6 September, the contents of which are noted. The new CEO is aware of this matter.



Abridged



Regards

John Rooney
Partner
Simpson Grierson
Level 27, 88 Shortland Street, Private Bag 92518, Auckland, New Zealand
DDI +64-9-977 5070 | Fax +64-9-977 5083 | Mobile +64-21 499 365
john.rooney@simpsongrierson.com | www.simpsongrierson.com

however i have yet to get a response to my follow up

John



He is aware of the matter, I am confused therefore, why, he hasn’t, as required by Telecom’s code of ethics (supported and backed by his board) acted on the breech by staff of their ethical and legal obligations



The wrong is required to be put right



The five participants committed fraud (by your own admission the relevant document does not exist)



I wish them to be held to account for their illegal act



Warm regards



Paul



From: John Rooney [mailto:John.Rooney@simpsongrierson.com]
Sent: Tuesday, 18 September 2012 10:03 a.m.
To: 'Paul Mcleod'
Subject: RE: confirmation [SG-SGDMS.FID361431]



Dear Paul,



Only communications that are directed to us will be responded to. Our client gives no assurance as to who will review your communications. Any correspondence sent directly to any Telecom employee, board member etc will not be answered.



As previously stated, your earlier communications are noted. The CEO will not be responding to you.





Regards


John Rooney
Partner
Simpson Grierson
Level 27, 88 Shortland Street, Private Bag 92518, Auckland, New Zealand
DDI +64-9-977 5070 | Fax +64-9-977 5083 | Mobile +64-21 499 365
john.rooney@simpsongrierson.com | www.simpsongrierson.com



so there we have it the CEO is aware of the fraud but will not be directly addressing it so possibly he is being shielded from the actual truth (our client may well be an HR wonk) or he is completely ignoring telecom stated code of ethic

other will be asking the question only this time in parliament

Simon Moutter can be contact via email on simon.moutter@telecom.co.nz or ring 0800 108010 and ask for him by name

A great equation for corruption is

Corruption = Monopoly + Discretion – Accountability

i think we tick all the boxes if you agree please sign and pass on forward

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Paul Evans-mcleodBy:
Justice, rights and public orderIn:
Petition target:
telecom goovenment

Petition community:
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