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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 18852
Experience:  32 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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Hi. My wife was racially abused by a relief NZ

Resolved Question:

Hi. My wife was racially abused by a relief NZ Post Rural Delivery Driver (under the employ of the NZ Post Rural Delivery Contractor) some three years ago while being asked to undertake an 'illegal' transaction by him on behalf of NZ Post. This man had also sexually harassed her previously over a period of time before representing NZ Post. For trespassing this man from our shop to protect both my wife and female staff, NZ Post managers first bullied then terminated our 10.5 year Postal Agency contract. Questions put through our local MP led Brian XXXXXX, NZ Post CEO to lie to that MP in his answers (we believe we hold documental proof). Eventually realising that NZ Post had failed to deliver on contractual issues brought on by our termination (some unknown law firm in Wellington spent 6 weeks working on this for NZ Post) XXXXXX came to our shop and offered $17K. Because of the limited time of his visit (>1hr) we had prepared a document for him stating 5 items to be done by NZ Post to make amends. So far none have been carried out. An OIA request to NZ Post by us asking that they provide documentation showing that ANY consideration was given by that company to the safety of my wife or our staff throughout this episode gave no results (surely it falls to us in employment law to protect our staff from known hazards ?). Meanwhile, the man who abused my wife was recently removed from NZ Post service for being filmed allegedly stealing newspapers and money from another local shop for the last 5 years. Our reputations and business have suffered over this time as this saga was carried out in a small community of 320 people. NZ Post involved our franchise in this (and they are inclined to believe the NZ Post CEO and managers over whatever us small people say). We are unable to access our customers anywhere on the Rural Delivery Run (sending groceries etc) nor are we able to enter our local Postal Agency when it shifted to new premises. Where to from here? Do we have a case against NZ Post? Who should we contact for help?

Submitted: 1 year ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 1 year ago.

christhelawyer : HiWelcome to JustAnswer. My first response will follow shortly. Please feel free to follow up if anything is not clear
christhelawyer : This seems like a reasonable offer, although the terms you wanted may not be adequate as yet. Rather than just reject the offer why don't you suggest a mediation with you and the company, so you can negotiate on all the terms. A mediation may enable you to have a full and open discussion about all the issues in a confidential way. Is this an option for you? There would be an independent mediator appointed, who could facililitate a settlement of all issues.
Customer:

Hi Chris. The offer may sound alright at first but one of the five items that we requested Roche to do during his visit was to buy back NZ Post stock that we still held but could not sell due to the Agency being advertised as having moved elsewhere. This stock has a value of between $3 to 4,000 and we are now stuck with it. That reduces NZ Post's offer down to $13K. During our Agency operation up to the end of 2010, we were being paid room rental (for mail sorting) of $6K per year and were selling another $6K (retail) of product purchased at wholesale prices. This has all now gone. Also, I would presume that the IRD would take something like 1/4 of that compensation money. Can my wife's rights ( the racial abuse side, the fact that NZ Post was happy to let this man keep coming in and possibly abusing her whenever he felt like it and the inability of her being able to keep her staff safe as required by NZ Law) not count for anything in this country? Roche has never been willing to negotiate with us and is less inclined to now since I asked him to resign for supporting rasism. Perhaps we need to lay a complaint with the Ombudsman?

christhelawyer : A settlement is not usually taxable so it wasn't as bad as you may think.. The ombudsman does not have power over NZ Post as his is private company
christhelawyer : Have you considered the Race Relations Commissioner.
Customer:

Sorry, NZ Post is a State Owned Enterprise owned by the NZ Government not a private company so it does come under the Ombudsman Act. As stated we went to the Human Rights twice. Somewhere during these two complaints the Race Relations Commissioner was absorbed into the Human Rights Department/Commission which I believe is all one department now.

Customer:

Sorry, NZ Post is a State Owned Enterprise owned by the NZ Government, not a private company so it does come under the Ombudsman Act. As stated we went to the Human Rights twice. Somewhere during these two complaints the Race Relations Commissioner was absorbed into the Human Rights Department/Commission which I believe is all one department now. So really my wife does not have any protection under NZ law for herself or the staff we employ in potentially threatening situations?









christhelawyer : Have you considered a mediation however?
Customer:

How does one go about arranging this?

christhelawyer : You find a mediator, and also ask the other parties if they will participate in a process like this. They may well do so, because this is an effective process for resolving disputes like yours. It is not formal which is an advantage. mediators can be found here
christhelawyer : http://www.aminz.org.nz/Person?Action=List&Confirm=PostBack&DataFilter_id=16&&DFF_39=303&DFF_41=[Any]
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 18852
Experience: 32 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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