What happened to me after I applied for a review of my performance assessment on 21 August to 23 December 2008?

 See the picture，This is my daughter. She is a lovely girl. But she is nearly died and out of consciousness for 4 days in intensive care Wellington hospital and stayed in the hospital for 8 days because of my manager Desiree Brown bullying me and abusing me with harassment and discrimination despite I reminded her but she did so, on 3 Oct 2008 that Friday I felt horrible and sick and ran back to Auckland for fear my manager Desiree harassed me if I was in Wellington and left my daughter alone in Wellington home and unfortunately she got suddenly sick from fever to serious pneumonia.

 

She still hasn’t recovered yet. Because of illness and too weak she couldn’t finish her end-year exams.

 

See picture 2, on my hand there are dark black spots one is hit by my manager Desiree Brown and the other is by the police handcuffs.

 

What happened to me after I applied for a review of my performance assessment on 21 August?

The manager Desiree Brown began to kick me out of my job from Ministry.

The manager Desiree Brown began to bully me, harass me, discriminate against me and furthermore abuse me with racial and gender harassment and discrimination over 3 months not only in verbal, written, mental and physical and also use the 111 police as another tool to arrest me with handcuffs and put me into the police prison.

The treatment I got instead of review:

1.     On 24 December 2008, I received a letter from Ministry of Social Development and it said I was dismissed effective from the date of the letter.

2.     On 5 November 2008, my manager Ministry of Social Development provided the false information, actually cheating the police on purpose and said that “I am an assistant to the Minister in Ministry of Social Development. I was covertly recording Ministry’s private conversation for which I was dismissed immediately. Because I refused to hand back my computer access card. Police were called.” “I am a Chinese student, been dismissed, hysterical, psychiatric suicidal, violent police must secure.” “Unemployed, Trespassed on the Ministry of Social Development, and after being warning to leave that place by Hamish Mcintyre, an occupier, neglected to do so.” Those false information caused me unlawfully arrested by the 111 Police, unlawfully handcuffed, unlawfully put imprisonment and served with the wrong charges of trespass and resisting police during I was a lawful employee of the Ministry. But later the manager said it is Wellington Free Ambulance and not the manager that the ambulance system automatically informed the 111 police to come and arrest me in the sick room of the Ministry of Social Development. I have the copy from Police, Wellington Free Ambulance and Wellington District Court could be the clear evidence that the false information is original from the Ministry of Social Development. I hope it should be taken seriously that during I was a lawful employee of the Ministry but the manager treated me as trespass.

On the 5 of November that morning though I have lodged my personal grievance for many times, for long time but no manager cared and I was told the reporting line does not change. So that morning I instructed to have catch-up meeting again. That gave my manager another chance to abuse me. During the meeting my manager again instructed me to do the illegal extra performance action plan. I only reminded her that the review of my performance assessment already came to the concern of General Manager. Then she became very angry and suddenly hit my hand. I ran away from the meeting room as quickly as possible. As soon as I saw the other manager outside the door I reported to him I was hit by my manager Desiree. I said last time she forced me to have so called catch-up meeting. I ran away and this time she not only forced me and also hit me. I only reported quickly for one second for fear she followed me so I quickly left this office and ran back to my office. I was re-located to the Bowen St Building by GM because of everyday bullying by my manager. When I ran back, I first reported to the General Manager and hope to get concern from her. General Manager suggested me to have a rest in the sick room I agreed. I lay quietly on the bed because I felt hurt too much. But suddenly Hamish M and Desiree followed to the sick room and sent me a letter by Desiree accused me of threatening her. They told me I was stood down to go home for three days with immediate effect. I said Ok. But they still didn’t allow me to leave and told me to hand back my computer access card. I said why if you want to investigate you can take it but they said no. Then I asked why I should hand back my computer card because I have a lot of evidence saved in the computer under my log on name. Then two of them threatened me until I was to cry. But I tried to stop and lie in the bed quietly. Then my manager asked me if I was a mental health. I said no. I need ambulance. I said no. Then they left the room for some while and suddenly came back with two policemen. I think General Manager has reported to the police and the policemen were coming to investigate about hit by my manager. When the policemen ask me question I gave them the answer. I said I was not very well and can’t leave now. The police didn’t tell me I was a trespass but offer me a lift home. Of course I said no because I was frightened by their offer. I was even not aware then suddenly the policemen hold on me and hold on my neck and pushed me to the ground. As you know it is so horrible and I was frightened. And also it is too pain in my body and both my two hands. I tried hard not to be hurt. But very quickly the two strong police pushed me to the ground and put the handcuffs on both my hands. I was taken away by the policemen from the sick room all the way from the office of Ministry of Social Development to the police car outside and took to the police prison.

When I was in the prison I asked why I was arrested I didn’t do anything criminal. I didn’t disturb any other staffs. I was lying in the sick room quietly. How the police could come and arrested me? They explained to me I was an unwelcome the person. I still didn’t understand. They told me to sign off on the form and then I could go home. At that time they didn’t provide me with the interpreter. After I asked my lawyer I signed on the form but later I was really worried because I even don’t know for what reason the policemen could arrested me. After I came out I asked citizen advisor to explain to me. Then I was told that they arrested me for the charges of trespass and resisting police. Actually I didn’t resist them just because I felt too horrible and too painful. I tried not to be hurt. I didn’t resist the police. I am not a trespass. I am a lawful employee of the Ministry. I want to sue my manager in the Ministry of Social Development for cheating the police. The manager could cheat the 111 Police, 111 Ambulance and Court what ever they couldn’t do.

In the letter dismissal me I received from Ministry on 23 December 2008, it said “I am violent to the NZ Police”. I complain that they didn’t apologize for providing the false information and misleading the police on purpose to arrest me but became that I was violent to the NZ Police. Furthermore they used those as the due reason to dismiss me. As you could see from the transcripts and letters from the police, they never said I am violent to them but I was removed by force from the bed of the sick room. 

In the letter dismissal me they didn’t apologize that the manager hit me in the catch-up meeting but became I was intimidating and aggressive to the manager and to the other colleagues. I complain about it. After I hit by the manager, I ran out from the meeting room and I reported to the other manager and then within one second I ran away from Clayton Ford Building to the Bowen State Building to report to General Manager. They should report to the police and arrest me immediate if I threatened to the manager and other colleagues. Why they should provide the false information and actually cheat the police to arrest me that “I am dismissed.”, “I am unemployed.” for the charges of trespass. As anyone can see it is another false story they made. I hope they should be seriously punished because they cheated the Police, Ambulance, Court. And also as you can see that day the incident I was arrested by the police is in the Bowen state building, there is around 2 mile away from the Clayton Ford building. It is obviously that the manager Desiree Brown not only hit me also followed me from Clayton Ford Building to Bowen Street Building and threaten me in the sick room and also cheated the police came to the sick room and arrested me. I hope they should be seriously punished as well. It is not in anything that I am intimidating and aggressive to the manager and other colleagues. You also could see from their evidences there never have any colleagues accused me of intimidating and aggressive to them, to the manager. It only means that what they said is cheating too. 

I also hope to get clarified if my two charges were withdrawn or not. As I told the charges of trespass and resisting police were withdrawn on the 3 December 2008. Though I got the copies of the withdrawn from Wellington District Court but it seems very strange when I have my criminal record check from the Ministry of Justice myself. On the paper I received has a note “Unless specifically requested by you or where required by law, criminal conviction information will not be disclosed where an individual is eligible under the Criminal Records (Clean Slate) Act 2004 or where information is suppressed by statute or Court order.” I hope to have them cleaned up thoroughly in my records.  

In the letter dismissal me they accused me of unauthorized access of Ministry confidential information. I want to sue my manager she want illegal stopping me doing my job. What I need to get access is all business related and are agreed by the agreement the Ministry and I signed before I got this position. As I am a senior information management advisor, we are right in the department to manage and maintain all the information for the Ministry includes confidential information but the manager accused me of unauthorized access of Ministry confidential information. I want to sue that the manager is the criminal in the information management she as a manager of Enterprise Content Unit (Records team) didn’t manage to set up the right privilege for the Ministry’s information and disclosed Ministry confidential information and instruct her staff to get access to it. Security of the confidential information is the most important matters that the manager should take liability of it but she didn’t and let the staff to get access to it but they shouldn’t. As you know the software we are using EDRMS for all the Ministry information can set up the different security level. If the information is only for the manager they should set up the privilege for the managers. If it is for the senior level they could set up for the senior to get access. If it is for the all user they should be available for all users to get access. If anyone could unauthorize get access of the Ministry confidential information is due the manager didn’t manage well to set up the right privilege. So it is the manager she is the due person disclose Ministry confidential information. She is the due criminal person in the management of Ministry confidential information and the due person instructed her staff to get access but they should not. I have the evidence that the manager instructed me to get access as she said it is the confidential information.

In the letter dismissal me said that I am not followed reasonable and lawful instruction. It is not true. They are all misled me and the team.

·        Example 1, about the manager’s calendar, the answer I got from my manager is to ring IT Helps. What the answer I got from IT helps only the manager need to give the privilege. So it mislead to me and the team. I only sent the right answer from IT Helps and forward to the team. It is reasonable as the team could get the right answer.

·        Example 2, about the extra performance action plan, what the manager said it could go on and on, year after year but I checked the Ministry policy on internet, it told us after both the manager and I signed off the final rating, the next step is the review step. I only sent the copy of the right answer to the manager, It is reasonable as well.  I can’t find anywhere in the Code of Conduct that said if the manager is wrong that the staffs must follow her wrong instruction.

·        Example 3, about the 2008-2009 work plan of our team, I found I can’t find my task in 2008-2009 team plan, I pointed out the problems. I think it should be reasonable as well. So there is nothing in any of not following the reasonable and lawfully instruction from the management.

 So total in all they dismissed me is unjustified.  

What I require are:

·        Be reimbursed for the wages or other money that I have lost as a result of the incident on 5 November and grievance.

·        Pay compensation $120,000,00, including compensation for humiliation, loss of dignity, and injury to feelings, and compensation for loss of any benefit and all the mental and physical hurt to me, to my family, to my personality and my 25 years work experience and to be arrested violently by the police.

·        Reinstate me my position in MSD or place me in a new position that is at least as advantageous to me as your old position.

·        Retrieve the dismissal

·        Apologize to me by media for unlawful treatment to me

·        The person cheating and providing the false information caused me arrested should be imprisonment and charged with guilty.

 About who should be discipline and dismissal?

 I have clarified and provided you with a lot of evidences. That even the manager retrieved my computer access card and probably already damaged the evidences I saved in my computer, those I provide to you already have enough to defend for myself that I shouldn’t be discipline or dismissal by the Ministry.

To my concern the behaviors my manager Desiree Brown has done:

·        Not comply with the policy of Ministry’s performance management and processes;

·        Falsifying email from acting GM and led me to the discipline process;

·        Falsifying the evidences accused me of unauthorized accessing of Ministry confidential information;

·        Disclosing the Ministry’s confidential information and not set up the right privilege;

·        Cheating and order the 111 the emergence police to come and arrest me for the trespass;

·        Hitting me in the catch-up meeting;

·        Bullying me, furthermore abusing me with racial and gender harassment and discrimination;

·        Not engaged in leading a team to be good practice of Government Recordkeeping but engaged in bullying and abusing with harassment and discrimination to her staffs. After Desiree became our manager from early this year until now there are total 8 staffs of our team 7 staffs have kicked off to leave our jobs including me by Desiree.

·        Illegal retrieved my computer and building access card when I am still a lawful employee of the Ministry;

·        Stand me down from my job for more than one month and half during I am an lawful employee of the Ministry;

I think the person should be discipline and dismissal is the manager Desiree Brown. I hope all of you would take it seriously and treat to the staff the same as to manager.

I am looking forward to hearing from you and hope to get a fair and equitable treatment from you.

I am sure none of you would support and agree that the manager could do so cruel to me an employee of the Ministry.

I am sure none of you would agree that so horrible bullying and abusing could exist in New Zealand.

  

Memorandums

After I apply for a revierw of my performance assessment:

1.     Part 1 see my complain

2.     I got all the catch-up meeting booked on my calendar and my manager threatened me that the ex-employee already resigned from the Ministry just because of threatened by those catch-up meeting.

3.     I was forced to sign off an illegal extra performance action plan and forced to do and finish with wrong assigning tasks, unrealistic deadlines, unreasonable restriction and impeding directly from my manager Desiree Brown. 

4.     I haven’t got fair reviewed of my performance assessment on 20 September for the mistake made by my manager of my clients satisfaction from 90% reduced to 70% and for my manager didn’t tell me that she has a support person in my review meeting and then I got a letter said that the rating hasn’t changed.

5.     Then the more horrible things happened nearly everyday from the manager Desiree Brown after I submit another letter for a fair review on 19 September.  

a.     Letter 1 from Desiree Brown on 19 September said “I have no option but to commence discipline proceedings” In this letter Desiree even distorted that I haven’t signed off the final rating of my performance agreement.

b.     Letter 2 from Desiree Brown 24 September that said “I advise that discipline action may be an outcome of this meeting”. In the letter as she said that I refused her so called reasonable and lawful instruction are all that she misled to me and in the team. See detail in my complain document.

6.     Desiree falsified an email that she said from acting GM Marti Eller that led me to the discipline process.

7.     Desiree threatened me for the discipline and dismissal; I felt horrible and couldn’t go on working I applied for sick leave on 27 September.

8.     I saw the doctor on 1 Oct but stayed working in the office though I had 3 days sick leave. Desiree threatened me again and I applied for sick leave on 3 October and ran back to Auckland for fear she would follow me by sending threatening letters. Just that day my daughter was suddenly got a fever. And because no one cared and delayed to send to the hospital, fever became serious pneumonia.  She is nearly died. She hasn’t recovered until now. 

a.     Letter 3 from Desiree Brown threatening me on 7 October during I was on domestic sick leave for my daughter serious pneumonia said that “I will be issuing you with an instruction to attend a meeting to discuss the matters raised in this letter in more detail. I advise you that disciplinary action including termination of employment, may be an outcome of this meeting” and in the letter she distorted the true and accused me of breach the Code of Conduct. But actually nothing has been done wrong by me just because I told her she couldn’t mislead me and team about the manager’s calendar, about the plan session 2008-2009, about staffs’ job description. She didn’t try to fix her mistake instead threaten me by discipline and dismissal. See the details in complain document. 

b.     Letter 4 from Desiree Brown on 21 October that said “I am now instructing you to attend a meeting to discuss what has been raised in this letter …I advise that discipline action, include termination of your employment, may be an outcome of this meeting.” In the letter that Desiree accused me of unauthorized accessing of the Ministry Confidential information. I complain what I need to get access is all agreed by the agreement the Ministry and I signed before I got this position. I complain that we are right in the department of managing and maintaining all the information include confidential information for the Ministry but the manager would accuse me of unauthorized Ministry’s confidential information. I accused that the manager want illegally stop me doing my job. She is the criminal of disclose Ministry’s confidential information because she can’t manage and didn’t set up the right privilege for the Ministry’s confidential information. Actually what I need to get access are all for the best practice of my job and for the best practice of Government recordkeeping. I really doubt her ability how could she be a manager of Enterprise Content for the Ministry she even doesn’t know what I should do as a senior information management advisor in taxonomy. My duty is to manage and maintain all the information and file classification for the Ministry. If I am not familiar with Ministry’s EDRMS (Electronic Document Records Management System) how could I do my job? How could I do a qualified service for all the clients from the Ministry? I already confirmed to her for many times what I need to get access are all business related to the best practice of my job and for the best practice of Ministry information system and for the best practice of Government Recordkeeping. She seems never accept any of my explanation and came back and back and accused me of unauthorized accessing Ministry confidential information. No matter would she give me a rating of Need Improvement?  

·        On the list of her spreadsheet she accused me of unauthorized accessing Ministry Confidential Information there are very strange questions that some of them I even don’t have privilege to get access how could I open and read them. 

·        On the list of her spreadsheet she accused me of unauthorized accessing Ministry Confidential information those I don’t have privilege to get access but I have accessed to them are all given the temporally accessing privilege by my manager for the necessary of my job and requirements from the clients. 

·        On the list of her spreadsheet she accused me of unauthorized accessing Ministry Confidential information the most strange things are that a lot are my normal jobs i.e. lots of file plans and a lot of documents the privilege is for all users of the Ministry but my manager would use those documents as the evidences and accused me of unauthorized accessing of Ministry confidential information. I think she probably only know how to bully and abuse her staffs and even doesn’t have any professional knowledge. How could she become a manager of Enterprise Content of the Ministry?  How could this kind of person lead a team of well educated and advance knowledge?   

c.      Letter 5 from Desiree Brown on 30 October that said, “I will have to make a decision based on the information that I have available to me at that time. I advise that discipline action, including termination of your employment, may be an outcome of this meeting”. In the letter she added more false evidences to accuse me of unauthorized accessing of Ministry confidential information. But she never said she refused to give me the privilege to identify as you know I even don’t have the privilege how could I open and read those documents. I think what she’s really afraid of is that it is very easy for me as a professionalism to point out that her accusing me of unauthorized accessing confidential information is total wrong.  

d.     Letter 6 from Desiree Brown on 4 November that said: “You have left me with no option but to take formal disciplinary action”, “I have decided to issue with a final written warning. A copy of this warning will be placed on your personal file for twelve months effective from today and I ask that you sign and date….” Why Desiree sent me this letter because I wrote complain to GM said that Why Desiree didn’t let me attend the staff meeting and illegal stop me doing my job. I sent a copy to our team just for fear that our team would complain me not attending the team meeting. I didn’t do anything wrong. Again that Desiree didn’t fix her poor management skills but improper use her power as a manager to issue with a final written warning to me that even I didn’t attend that meeting.   

e.      Then I got a email from General Manager and told me my PSA delegate represented me to attend the disciplining process meeting the day before and accepted the Final Written Warning for me regardless that I reminded him (Ram) he didn’t need to attend the meeting for me if I did not attend because I was still waiting from my manager to send the reference for me to identify so I can prepare for the meeting and defend for myself in the meeting. But my manager always refused my requirement. 

9.     Then I got hit by my manager Desiree Brown on one to one catch-up meeting on 5 November. 

a.     Letter 7 from Desiree Brown on 5 November, said that “You need to be aware that you may face disciplinary action, up to and including dismissal.”, “In the interim I intend to place you on paid leave of absence with immediate effect. You are to provide me with your computer and building access cards now and you are not to return to the workplace until the above meeting.” After I was hit by my manager Desiree she didn’t apologize to me, not manager care about complain and Desiree again improperly use her manager power, didn’t comply with Ministry’s policy and stood me down from my job and required me to hand back my computer and building access card. Without giving me an opportunity to respond suspends me and then called the Police by cheating the police that I was an assistant to the Minister. I was covertly recording the Minister’s private conversation for which I was immediately dismissed so the police came to the sick room of the Minister and arrested me with the handcuffs on both of my hand and put me in the police prison for the charge of trespass and resist police.   

Could any one of you say that it is the proper way for a manager to treat her staff when she requires a review of her performance assessment? 

Could any one of you say that it is not bullying, abusing to the employee of the Ministry?  

10. Though I was arrested by policemen with handcuffs in both my hands and pushed all the way from the sick room of the Ministry Social Development to the police prison for the trespass and resist police. But on the letter I received from Hamish that said it is not my manager Desiree Brown rang the police 111 to come and arrest me but by the ambulance person I never saw any ambulance person that day, I think it is wrong according to the police note: “Called to 32 Bowen St to arrest a hysterical female who was upset and aggressive”. I think it is wrong too as I was told by the policemen that the emergence policemen on duty they couldn’t come to anyone and offer a lift home or remove that person from the building if she is a lawful employee of that workplace. I complain the manager not only bullying me in verbal, written, mental and physical and also improperly use the police 111 as the tool illegal arrested me for the charge of trespass and resist police. It is the most mad bullying and abusing to the staff, to the employee and to the immigrant in New Zealand. It is the serious secret violence in the top Government agency Ministry of Social Development. I complain it is the most horrible working environment and shame of the civilized society. I require protect what I should treat as a lawful employee of the Ministry. 

Can any one of you say it is the fair and equal employment such as “instruct me”, “disciplinary action and include dismissal” and never accept my lawful and reasonable explanation? 

Is it fair and equitable to the employee that the manager accused me of unauthorized accessing confidential information even it hasn’t been investigated and identified? Then she sent the letter to me, to HR, to my PSA delegates and led me into the discipline process and including dismissal? I complain the manager Desiree she smeared and distorted my personality and my job. 

Could any one of you say that after I required for a review of my performance assessment according to all the above discipline process that is Desiree prepared and provided me for the fair and equitable review? No, definitely Not. 

Could any one of you say after I lodged complain about my manger Desiree Brown bullying me, abusing me with racial and gender harassment and discrimination that are there any meetings to take it seriously to sort out personal grievance for me? No, definitely not.

Actually after I require for a review of my performance assessment they never prepared to give me any of review but led me to the discipline process, dismissal and terminate my Employment Agreement. That is why their processes for dismissal me is so perfect.  

So now I let you know my decision there is no option either I get fair and equitable treatment immediately otherwise I will try all my way to fight with the most horrible bullying and abusing with racial and gender harassment and discrimination to me by the manager Desiree Brown. I won’t mind everything if you know how rude, how horrible bullying and abusing is? I have been working for 20 years in the Government Department in both NZ and China, I have been in New Zealand for 5 years this is my first experience and the true experience of bullying and abusing by the manager Desiree Brown. I could tell you how horrible it is in the rest of my life and my memory!  

11.   After the 5 of November 2008, the manager stood me down from my job over one month and hour until 23 of December and I am not allowed to go back to my office, I even didn’t allow to pick up my personal stuffs during I am a lawful employee of the Ministry. 

12.  I got bail from Police that I am not allowed to go the Ministry’s Building and not allowed to talk to any of my colleagues in the Ministry of Social Development for trespass. 

13. I engaged the lawyer Peter to help me dealing with the charges of trespass and resisting police. I went to Wellington District Court on 11 November, 26 November and 3 December 2008. On 11 November Peter got my files and told me we can go back home. On 26 November Peter told me he postponed the appealing to the 3 December. And then on the 3 of December Peter told me they withdrew the charges but I could sit at the back if I would like but I didn’t need to answer when my name is called. 

14.  On 9 November 2008, I received a letter from Independence Police Conduct Authority. On the letter it said that the police arrested me on the 5th of November the information they got is “I am an assistant to the Minister. I was covertly recording the Ministry private conversation for which I was dismissed immediately. Because I refused to hand back my computer access card to my manager the police were called. ” Actually I am only a senior information management advisor. I am not an assistant of the Minister. I am never covertly recording Minister’s private conversation. I am not dismissed at that day. It is the total false information they provided to the police about me so the police would came and arrested me for the charges of trespass and resisting police.  

15. On 19 November 2008, I received email from my lawyer Peter and sent me a draft settlement agreement from the Ministry of Social Development and instructed me to resign from my job and offer me 4 month salary and payment of retirement, but it is the final, binding and enforceable on us and except for enforcement purposes, neither of us may seek to bring those terms before the Authority or the Court whether by action, appeal, application for review, or otherwise. We couldn’t get agree with each other because I want my job back to me and they didn’t agree. 

16.  On 3 December 2008, the two charges of trespass and resisting Police withdrawn by them told by my lawyer Peter. I got two copies of charges withdrawn from Peter. On both two copies I found my occupation status is “unemployed” and “trespass on the Ministry of Social Development, and after being warning to leave that place by Hamish McIntyre, an occupier, neglected to do so.” During I was a lawful employee of Ministry they treated me as a trespass. But the Trespass Act clearly stated the “employee are lawful occupiers.” 

17.    On 9 December 2008, Peter scheduled a meeting for me with Alicia Wright and HR manager Hamish M in the Ministry of Social Development. I told them again all the details about what happened to me after I required a review of my performance assessment and how the manager Desiree Brown bullying me, abusing me with harassment and discrimination for over 3 months. That meeting finished without any answer and response from them.  

18.    On 11 December 2008, I agreed to have mediation with Alicia Wright, Hamish M from Ministry of Social Development  and my lawyer Peter in Department of Labour. Alicia Wright talked to me privately before the mediation finish. She required me to resign from my job in the meeting room only two of us. And also offer to keep my employment but can’t go back to the office, pay me 4 month salary and retirement. But I require going back to my position. We can’t reach an agreement. 

19.  On 12 December 2008, I got email from Peter. Peter told me the attached document is from the Ambulance communication centre. It said “I am a Chinese student, been dismissed, hysterical, Psychiatric suicidal and violent police must secure.” Actually I am not a student, not been dismissed or anything hysterical or psychiatric suicidal at that time. But I am a lawful residence in New Zealand. I am a lawful employee of the Ministry.  

20.   On 17 December 2008, I was instructed to have a meeting with Don Gray by HR manager Hamish M Ministry of Social Development arranged by Lawyer Peter Gilbert. When I arrived in the meeting room my lawyer didn’t attend the meeting I require for reschedule or for me to arranger another lawyer or support person but I was told by Hamish M it is not available and it is the only chance otherwise they would make the decision without me. 

21.  On 23 December 2008 I got the letter of dismissal from the Ministry of Social Development effective from the date of the letter. They dismissed me even they haven’t finished the review of my performance assessment. They even didn’t give me one month notice but with effective immediately on the date of the letter I received.  

Their allegations in the letter dismissed me said that I  

·        “behaved in an intimidating and aggressive manner towards your manager and colleague”;

·         “subsequently becoming violent towards the NZ Police who were required to arrest”;

·         “accessing confidential information without authorization”;

·        “Refusing to comply with reasonable instructions form management.” 

I complain their allegation “violent to the NZ Police”. I have all the evidences from police that it never said I was violent to them but removed by force from the bed in the sick room of the Ministry of Social Development. You know it is a very serious criminal if someone is violent to the NZ police and should be in prison immediately and won’t be happened that the charges could be withdrawn. So it is obviously not true. And also with the withdrawn of the charges it is already meant that I didn’t have any behaviors of violent to the NZ Police. About arrested by NZ Police that is just because of misled by the false information from my manager that directly caused me unlawfully arrested, unlawfully handcuffed, unlawfully put me in imprisonment and served me with the wrong charges of trespass and resisting police. The police already apologized for they are unclear about my occupation status but arrested me.  

I complain their allegation “behaved in an intimidating and aggressive manner towards the manager and to the other staffs”. It is not true. I complain they made another false allegation against me. As anyone knows if I behaved in an intimidating and aggressive manner towards the manager and the other colleagues, they could immediately report to the police and won’t happen to cheat police that I was dismissed immediately and unemployed and I am hysterical for trespass.  

And also about their allegation “behaved in an intimidating and aggressive manner towards your manager and colleague,” I complain that it is obviously not true on the 5 November after I hit by my manager. I reported to Gary when I saw him outside the meeting room and then I ran away from the building to report to the General Manager. I remember it is what I was told by General Manager if I treated unfair by your manager I could report and complain to the senior manager. I just did according to what they told me. How could you say that I ran away and report to the General Manager is “behaved intimidating and aggressive manner towards your manager and colleague?” The incident happened on 5 November is in the sick room the other building it is obviously not I threatened the manager and the due person is the manager they not only followed me from the Clayton Ford building to the Bowen state building and threatened me and furthermore cheating the police to arrest me that I was dismissed, unemployed and hysterical,psychiatric suicidal. I was an assistant to the Minister. I was covertly recording the Minister’s private conversation for which I was dismissed immediately and by cheating the court that I am unemployed, trespassed. That caused the police arrested me by mistake for the charge of trespass on the 5 November 2008. It is obviously they had prepared the false story later and instructed some staffs to be the false witness to help them to go on cheating. It is really unbelievable so many cheatings even all those could be happened in the top Government agency Ministry of Social Development.

On the letter of dismissal it said “You were issued with a Final written warning for accessing confidential information without authorization, and (ii) refusing to comply with reasonable instructions form management.” Their allegation about accessing confidential information without authorization it is totally wrong. What I need to get accessing those information is all business related and to the best practice of the Government recordkeeping is agreed by the agreement I and Ministry signed before I got the position as a senior information management advisor in the Ministry. So I could confirm you there are nothing in any of unauthorized accessing of Ministry of confidential information, it is all business related.

 About the reasonable instructions from the management, could you say it is reasonable, lawful instructions? I listed a lot of examples in my complain document, i.e.  “About the unavailable to view the manager’s calendar, the answer should be the manager authorized you the privilege herself but what she told me to ring the IT helps.”  There are a lot of examples in my complain document. It is totally misleading to me in the team. As a manager she even didn’t have such easy technical knowledge. It is seriously misconduct of the manager. Where in the Ministry Code of Conduct tells us that the manager mislead the staffs we must follow the manager’s wrong and unlawful instruction. In Ministry Code of Conduct it clearly tells us “Maintain open communication and share of the information through briefings, consultation and regular update on iNet and other written communication”, “Invite your input into decision-making whenever appropriate and possible”. But what I was told by Desiree Brown that I even can’t discuss with her and I have to shut up when I found there is something wrong about her management. You could see the details in my complain document and see all the evidences from the emails what she said so called as reasonable and lawful instruction are misleading me and the team.”    

 

 

 
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