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silverfox

Right to justice. In reality its a myth

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Quote Originally Posted by silverfox View Post
Open Letter to:
All Members of Parliament
Telecom Board
To all whom it should rightfully concern.
There are generations before whom paid the ultimate cost for the freedoms and rights bestowed on those in their futures yet to be realised, simple truths embedded in law, their courage is not honoured by disingenuous excuses, ethical side steps, or morality dismissed
Those within the halls of parliament, or the corporate boardrooms, earn the right to our respect, by the clear understanding the expectation of the citizens and shareholders that provide for their positions are due; courage, integrity, and honesty, so pause whilst you stride the edifices of your domain and reflect that neither was built by some grand gesture, but by the tempered bricks of sacrifice mortared by loss, grief , hard labour and a simple belief that this mattered to all , and is reverenced by those exulted by it

Right to justice
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
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” All documents available on request.
Addenda: http://www.change.org/en-AU/petitions/right-to-justice
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 :
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 as indeed are the board members

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Comments

  1. Swampfox's Avatar
    Ethics and Morality



    For evil to truimph , good men do nothing, corporates run the country by stealth, and the lack of courage by those charged with the jurisprudence of our laws, indeed those whose very roles are sanctioned by the citizens fail in the duty they are sworn to uphold, because they lack the moral strenght or basic work ethics, but continue to be renumerated for non performance.

    What silverfox is not sharing with you , is the impact on him personally, (which he has provided permission to myself to share).
    He has suffered from bipolar , but has not let that limit him in any way.
    He excelled at the position he was exited from, frequently top on site , of 150+ people, and in the top 5 nationally.
    He saved Telecom several millions dollars by highlighting a legal error in their marketing (acknowleged by a manager involved)
    Just prior to this debacle starting, he suffered a heart attack and was hospitalised...on his return the grateful company commenced the plan to remove him.
    They are not people that let ethics and morality get in the way of their policy and process.
    They knew that he was a manic depressive, but commenced a statergy of frequent meetings almost daily critiquing his performance with an expectation of it being a 100% right, 100% of the time...emails sourced via the privacy act...show a senior manager advising that her two subordinates , "had a good rhythm going" , they knew that they were stressing him...as there was also a comment.."it takes a couple of days for him to settle back down...
    They broke his health, his finances, almost his marriage, and nearly his spirit, as he indicated at one stage he contemplated jumping from the multi storey building he worked in..
    On resigning, and regaining his health..he commenced investigations , and the fight back...
    He has a compassionate nature, and does this not merely for himself, but for others caught by similar deceits , and being currently unemployed uses the knowledge gained in this struggle to advocate for others at their disciplainary or other hearings at no charge for either the time spend on the research or that in meetings.

    Success will come by the support of others, by the incremental spread of the knowledge of the travesty perpetuated by calling those involved to account in the court of public opinion.
    Image matters to Telecom,,,
  2. Yoda's Avatar
    Can a community law centre help your case?
  3. Sir Richard's Avatar
    It is a national scandal that natural justice is so undervalued, or unvalued, it no longer exists in most New Zealand vehicles of justice. We hear of the research by people like Sir Thomas Thorp indicating large percentages of convictions on New Zealand are of innocent people but the only time people care, it seems, is when it directly affects them.

    This story reminds me of the dreadful account in Tim Hanna's book about the good citizen who gave evidence in the Mt Manganui historic rape trial only to be prosecuted himself and sent to prison for 'perjury' - his affidavit said he knew the alleged victim's first name at the time he met her 20 years earlier but later admitted to finding this out two months after meeting her - by corrupt prosecutor Brent Stanaway because his testimony otherwise exposed corrupt police and prosecutor practices.

    From what I see, these injustices are rampant in New Zealand - and there exists no mechanism to address them.
  4. Yoda's Avatar
    This sounds like a scandal to me. I am sure there is no statistics (at least official anyway) to show all the errors and mistakes that judges (and juries) have made in New Zealand. But I think the percentage of errors and mistakes is less than those of Fiji, Tonga, Samoa, Zimbabwe, etc. But the problem is that New Zealand (who knows why) is part of the OECD without proper governance, creating the illusion or deception - false sense of security leads people to do things which may be taken for granted in the countries from which they have come and become the victims of fraud and other crimes. That is why I am saying that New Zealand be removed from the OECD.
    Updated 30-09-2012 at 12:04 PM by Yoda