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Thread: Right to justice. In reality its a myth

  1. #1

    Right to justice. In reality its a myth

    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 (Telecomís 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 ďtrue and correctĒ 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 itís an employment matter ( convenient catch 22 or bureaucratic ďping pongĒ)
    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 HRís 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 proponentís 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

  2. #2
    This part of the quote hits a particular chord for me: "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 the law - in the larger sense - cannot fulfil its primary function to protect them and their families in their homes...."

    That was the reason why we fled NZ - we no longer felt safe, the courts had clearly demonstrated to us that we could not expect protection from the law.

  3. #3
    I was brought up to believe in law, justice, ethics, loyalty, your word was your bond sealed with a handshake, I worked 39years 3 months for one firm telecom New Zealand for what. I was apart from the odd speeding ticket a law abiding citizen for what

    Only to find the board and senior executives where corrupt and shallow, pledging allegiance to a code of ethics, they now fail to acknowledge and obey quite frankly they disgust me to the core as do the five participants in my demise
    Why haven’t I found a lawyer, telecom is a major corporate in my country reaping billions in profit. They have therefore deep pockets
    They have the top lawyers in the country on retainer; basically the only people I can rely on are people, the common working man to alert them to the reality the corrupt underbelly of the corporate beast
    My only possible recourse is my petition going global and viral
    I thank for your interest and support
    I urge you to contact the ceo directly by the email embedded in my post and express you complete disgust, as well as click on the url embedded in the post for my online petition and register you vote pass it on to as many of your contacts as you can muster and ask for assistance in making it go viral
    Especially alert your media that parts of our clean green image is tarnished by the cowardly despicable corruption of those that both employ us and lead us
    In fact I urge you to copy and paste all the email contacts and express your selves to all the participants directly make them aware that their sin casts a long shadow reaching all points of the world
    warm regards
    Paul

  4. #4
    Finding a lawyer is easy , it’s the paying for them that is hard ,telecom hires the best of the best and puts them on retainer .then uses them to abuse the process by pushing the legal envelope as close to the edge as possible .

    They run you around and around in circles, going nowhere in reality but using up your resources $100.000.00 is small change to the corporation .but half the price of an average house to the working man

    You can continue the fight on principle but the impact on family, relationships your health etc is be taken into consideration it’s devastating

    The only remedy I have is the petition, corporations as a rule abhor media attention especially if it is negative .so in effect the only court I can try them in is the court of public opinion
    The good thing about the internet is their sin will cast a long shadow into infinity in fact

  5. #5
    they are so arrogant they even ignore their own code of ethics which begs the question of their validity into any an all communication or contracts they enter into
    by their actions we shall know them


    Code of Ethics
    The company expects all its employees and directors to maintain the highest ethical standards. Telecom’s Code of Ethics establishes the framework by which Telecom employees (including the CEO and CFO) are expected to conduct their professional lives by facilitating behaviour and decision-making that meets Telecom’s business goals and is also consistent with Telecom’s values, policies and legal obligations.
    The Code of Ethics addresses:
    Conflicts of interest 
    Receipt of gifts
    Corporate opportunities 
    Confidentiality
    Expected behaviours (including fair dealing)
    The proper use of Telecom’s assets and information, compliance with laws and Telecom policies
    Delegated authority
    Reporting issues regarding breaches of the Code of Ethics, legal obligations or other Telecom policies.
    Telecom also has a Directors’ Code of Ethics which addresses similar topics and establishes the behaviour expected of directors.
    Any amendment or waiver to the Code of Ethics and Directors’ Code of Ethics will be posted on Telecom’s website.
    Copies of Telecom’s Code of Ethics, Directors’ Code of Ethics and board charter are available on Telecom’s website at: http://www.telecom.co.nz/aboutteleco...nanceattelecom and are also available free of charge on request to the Group Company Secretary by emailing telecomboard@telecom.co.nz.

  6. #6

    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,,,

  7. #7

    Ethics ...did the Telecom board meet their own...you judge

    Code of Ethics
    The company expects all its employees and directors to maintain the highest ethical standards. Telecomís Code of Ethics establishes the framework by which Telecom employees (including the CEO and CFO) are expected to conduct their professional lives by facilitating behaviour and decision-making that meets Telecomís business goals and is also consistent with Telecomís values, policies and legal obligations.
    The Code of Ethics addresses:
    Conflicts of interest 
    Receipt of gifts
    Corporate opportunities 
    Confidentiality
    Expected behaviours (including fair dealing)
    The proper use of Telecomís assets and information, compliance with laws and Telecom policies
    Delegated authority
    Reporting issues regarding breaches of the Code of Ethics, legal obligations or other Telecom policies.
    Telecom also has a Directorsí Code of Ethics which addresses similar topics and establishes the behaviour expected of directors.
    Any amendment or waiver to the Code of Ethics and Directorsí Code of Ethics will be posted on Telecomís website.
    Copies of Telecomís Code of Ethics, Directorsí Code of Ethics and board charter are available on Telecomís website at: http://www.telecom.co.nz/aboutteleco...nanceattelecom and are also available free of charge on request to the Group Company Secretary by emailing telecomboard@telecom.co.nz.

  8. #8
    Yoda
    Thank you for your wise counsel and your support
    My efforts to hold them accountable continues still, not only for myself but for others that have shared my experience in some form or another
    I am hopeful that my petition goes viral, thus we can effect change
    However as each vote comes in, the petition will land in the participants inbox ,triggered by the voters effort not mine,it will serve as a not so subtle reminder of their indiscretions
    Currently my next step is seek the assistance of a sitting mp to apply to the police complaints authority to resolve the issues around my complaint File: No. 111129/9892
    The police acknowledge it is a crime but the local division refuse to apply any resources to it .which confuses me, as all that is require is a request for the non-existent letter of complaint
    Failure to provide validates the fraud, case closed
    Another avenue is with the mp, s patronage I will petition the house, my legal right as a citizen I will keep the forum updated as my journey continues
    Again many thanks for your interest

  9. #9
    thank you to who ever added the avatar i like it and appreciate the effort, it reminds me of the "light at the end of the tunnel" and the profile of a fox coming to get you .very apt considering my efforts to have this issue resolved

  10. #10
    Here's one strategy in handling your employment grievance - this is today's Daily Mail:

    http://www.dailymail.co.uk/news/arti...workforce.html

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