Uploaded notes in my SlideShare are limited to the basic principles based on personal understanding and subject to few amendments. Comments and updates are welcomed! If the notes benefited you, kindly let me know :)
Uploaded notes in my SlideShare are limited to the basic principles based on personal understanding and subject to few amendments. Comments and updates are welcomed! If the notes benefited you, kindly let me know :)
Preliminary matters to be considered before commencing a civil suitIntan Muhammad
Contents :
Cause of Action
Locus Standi
Limitation Period
Jurisdiction of Court & Mode of beginning (in s separate note, namely bidang kuasa sivil mahkamah2 di malaysia)
P/S : I am sharing my personal notes of law-related subjects. Some parts of them are explained in a very informal-relaxed way and mix of languages (BM and English). Secondly, as law revolves every day, there will be outdated parts in my notes. Two ways of handling it.. (1) double check with the latest law and keep it to yourself (2) same with No. 1 coupled with your generosity to share with us, the LinkedIn users (hiks ^_^). Till then, have a nice day!
Arrest, Summon and Warrants under Malaysian CPC (2017-2018)Intan Muhammad
Contents are listed in the 1st page.
P/S : I am sharing my personal notes of law-related subjects. Some parts of them are explained in a very informal-relaxed way and mix of languages (BM and English), if you are a grammar nazi person, my notes are definitely not a good reference yeah:) Last but not least, as law revolves everyday, you might find some of my notes are outdated. 2 ways of handling it.. (1) double check with the latest law and keep it to yourself (2) same with No. 1 but SHARE WITH ME OTHERS! Have a good day.
Execution and enforcement of judgment and order
Writ of seizure and sale
Stay of Execution
WRIT OF POSSESSION
WRIT OF DELIVERY
GENERAL RULES IN RESPECT OF WRIT OF EXECUTION
ENFORCEMENT OF MONEY JUDGEMENT
GARNISHEE PROCEEDINGS
CHARGING ORDERS TO STOP ORDER
APPOINTMENT OF RECEIVER (O51)
JUDGMENT DEBTOR SUMMONS
COMMITAL
WRIT OF DISTRESS
Contents :
Definition
Importance
Attendance
Appearance
P/S : I am sharing my personal notes of law-related subjects. Some parts of them are explained in a very informal-relaxed way and mix of languages (BM and English). Secondly, as law revolves every day, there will be outdated parts in my notes. Two ways of handling it.. (1) double check with the latest law and keep it to yourself (2) same with No. 1 coupled with your generosity to share with us, the LinkedIn users (hiks ^_^). Till then, have a nice day!
Relevancy of evidence under Section 7 of Evidence Act 1950Intan Muhammad
P/S : I am sharing my personal notes of law-related subjects. Some parts of them are explained in a very informal-relaxed way and mix of languages (BM and English). Secondly, as law revolves every day, there will be outdated parts in my notes. Two ways of handling it.. (1) double check with the latest law and keep it to yourself (2) same with No. 1 coupled with your generosity to share with us, the LinkedIn users (hiks ^_^). Till then, have a nice day!
Modes of Originating Process - For Revision Purposes OnlyAzrin Hafiz
Modes of Originating Process pursuant to Rules of Court 2012
as per syllabus of LAW547 - Advanced Civil Procedure I
Universiti Teknologi MARA, MALAYSIA
The contents are listed in the 1st page of the note :) credit goes to Dr Munzil for the amazing comprehensive notes, I just added / rearranged few parts to ease my understanding.
P/S : I am sharing my personal notes of law-related subjects. Some parts of them are explained in a very informal-relaxed way and mix of languages (BM and English). Secondly, as law revolves everyday, there will be outdated parts in my notes. Two ways of handling it.. (1) double check with the latest law and keep it to yourself (2) same with No. 1 coupled with your generosity to share with us, the LinkedIn users (hiks ^_^). Till then, have a nice day!
Preliminary matters to be considered before commencing a civil suitIntan Muhammad
Contents :
Cause of Action
Locus Standi
Limitation Period
Jurisdiction of Court & Mode of beginning (in s separate note, namely bidang kuasa sivil mahkamah2 di malaysia)
P/S : I am sharing my personal notes of law-related subjects. Some parts of them are explained in a very informal-relaxed way and mix of languages (BM and English). Secondly, as law revolves every day, there will be outdated parts in my notes. Two ways of handling it.. (1) double check with the latest law and keep it to yourself (2) same with No. 1 coupled with your generosity to share with us, the LinkedIn users (hiks ^_^). Till then, have a nice day!
Arrest, Summon and Warrants under Malaysian CPC (2017-2018)Intan Muhammad
Contents are listed in the 1st page.
P/S : I am sharing my personal notes of law-related subjects. Some parts of them are explained in a very informal-relaxed way and mix of languages (BM and English), if you are a grammar nazi person, my notes are definitely not a good reference yeah:) Last but not least, as law revolves everyday, you might find some of my notes are outdated. 2 ways of handling it.. (1) double check with the latest law and keep it to yourself (2) same with No. 1 but SHARE WITH ME OTHERS! Have a good day.
Execution and enforcement of judgment and order
Writ of seizure and sale
Stay of Execution
WRIT OF POSSESSION
WRIT OF DELIVERY
GENERAL RULES IN RESPECT OF WRIT OF EXECUTION
ENFORCEMENT OF MONEY JUDGEMENT
GARNISHEE PROCEEDINGS
CHARGING ORDERS TO STOP ORDER
APPOINTMENT OF RECEIVER (O51)
JUDGMENT DEBTOR SUMMONS
COMMITAL
WRIT OF DISTRESS
Contents :
Definition
Importance
Attendance
Appearance
P/S : I am sharing my personal notes of law-related subjects. Some parts of them are explained in a very informal-relaxed way and mix of languages (BM and English). Secondly, as law revolves every day, there will be outdated parts in my notes. Two ways of handling it.. (1) double check with the latest law and keep it to yourself (2) same with No. 1 coupled with your generosity to share with us, the LinkedIn users (hiks ^_^). Till then, have a nice day!
Relevancy of evidence under Section 7 of Evidence Act 1950Intan Muhammad
P/S : I am sharing my personal notes of law-related subjects. Some parts of them are explained in a very informal-relaxed way and mix of languages (BM and English). Secondly, as law revolves every day, there will be outdated parts in my notes. Two ways of handling it.. (1) double check with the latest law and keep it to yourself (2) same with No. 1 coupled with your generosity to share with us, the LinkedIn users (hiks ^_^). Till then, have a nice day!
Modes of Originating Process - For Revision Purposes OnlyAzrin Hafiz
Modes of Originating Process pursuant to Rules of Court 2012
as per syllabus of LAW547 - Advanced Civil Procedure I
Universiti Teknologi MARA, MALAYSIA
The contents are listed in the 1st page of the note :) credit goes to Dr Munzil for the amazing comprehensive notes, I just added / rearranged few parts to ease my understanding.
P/S : I am sharing my personal notes of law-related subjects. Some parts of them are explained in a very informal-relaxed way and mix of languages (BM and English). Secondly, as law revolves everyday, there will be outdated parts in my notes. Two ways of handling it.. (1) double check with the latest law and keep it to yourself (2) same with No. 1 coupled with your generosity to share with us, the LinkedIn users (hiks ^_^). Till then, have a nice day!
Taking an in-depth look at Practice Management - How to ensure best practice management in a fast paced environment and Advocacy - Essential Skills for appearing in the Commission or Court and Ethics in Arbitration. This presentation is for union officials, Industrial/Legal Officers and Organisers
MJR Enterprises vs. Kellam In June 19, I went to The Philad.docxannandleola
MJR Enterprises vs. Kellam
In June 19, I went to The Philadelphia Courts, First Judicial District of Pennsylvania. The court located in the City Hall and the courtroom number was 426. This is a civil case talked about two hours. When I went into the courtroom, the case didn’t begin. There were just four people set on the public area. One people sat right hand side and other three people sat left hand side of the room. Then I sat right hand side at public area. Then the black male sat right side began to talk with me, he said he joined in the case and it began at 2pm, but it was 2:20 now. I realized that he was plaintiff in this case; he continued to tell me this is the case’s main content talked about landlord & tenant. When I tried to hear and record more about the case content between them, he refused to talk more.
Then the judge came into the courtroom, He was a middle -aged white male, and two female recorders sat under the judge, there were no juror in the room, so I think this is a Bench trial. At that time, Plaintiff and defendant stand up and walk to the front of chair. Plaintiff and his lawyer both sat right hand side and defendant sat left hand side.
Judge began to ask about plaintiff and defendant’s name separately. As I mentioned above, Ben was plaintiff’s name. He was a contractor who represented for MJR Enterprises Company. The Defendant’s full name was Deborah Kellam, she carried her husband Troy and the third party called Carusr. The case I have heard was about Defendant Kellam didn’t pay enough amount of the rent before moving out. Although Kellam moved out, she still needed to pay the rent written on the contract. The contract ended in July. Defendant Kellam owed Plaintiff three months rent which are May, June and July. Plaintiff noticed and warned Kellam to pay the rent, but she didn’t. She deliberately owed plaintiff three months rent. As a result, Ben began to file a lawsuit to against Kellam. In addition, the contract wrote tenant need to pay 850$ per months rent for the landlord. So three months fee are 2550$ and 141.70$ late fee. Defendant Kellam totally need to afford 2641.70$ to Ben who represented for MJR Enterprises.
Also, Judge clearly asked that plaintiff file a lawsuit’s purpose. Plaintiff’s lawyer said Ben who represented for MJR Enterprises wanted Defendant to pay for the three months rent. Judge continued to ask defendant whether she agreed or disagree the result. Afterwards, defendant said: “I proved for myself, I do not have a lawyer...” She began to cry and talked something unrelated to the case, judge said that he did not want to hear about the unrelated case, at that time, we could find that defendant had some negative emotion. Judge continued asked defendant accept or reject the result or not; if she reject the result, she also had the ability to lawsuit plaintiff. At that moment, defendant accepted the result. Continually, judge asked defendant brought money or not. She answered yes ...
Dear Sir
Thank you for your letter of today.
I sent that message to you in error and I apologise.
As you have said previously you cannot intervene, I believed that correspondence between us was at an end.
To call me vexatious and ask for my private letters for seeking the truth to be deleted, after I have committed a protected act, as far as I am concerned are detrimental, bullying and therefore victimisation.
I refer you to the attached document judicial conduct 2013
As I have stated an employment Judge said I should never have lost my case.
My difficulties lie in the document ANNEX 1 the Bristol ET got it wrong and the wrong needs to be corrected.
Yours Sincerely
Douglas
Dear Judge Parkin
I thank you for your letter of today and for taking the time to review my document annex 1.
You are not entirely correct when you say “I recognise that you feel dissatisfied with the original judgment”
The truth is I am mostly dissatisfied by the reasons as per my document annex 1.
I am an ordinary individual who believes in truth and honesty, not a Lawyer or Judge with prerogatives which can be easily abused.
Judge Hand admits the Tribunal accepted the respondents version of events and you agree.
He fails to mention they made up facts to suit.
However what Judge Hand says is irrelevant to my requests, the Bristol ET got important facts wrong.
The principle of finality in this case relies on corruption of the truth, bullying; this cannot be allowed.
I would like the truth recorded in the reasons for posterity not a fabrication of false facts.
I seek satisfaction, for these reasons I will continue to write to whoever I wish, including you.
Please note my new address for posting letters is as my e-mail of 03/02/2015.
Thank you again.
Douglas.
SYSTEMATIC LEAGAL BULLYING!
The Tribunal may well have reached the right outcome.
But, there is no doubt, that their decision was based upon the wrong story and incorrect factual conclusions.
Is this not bias?....it is certainly not fair.
In contravention of the bangalore principles
Dear Mr Gardiner
Please find attached a copy of our defence which was filed with the court on 15th April 2014.
In the interest of future costs and in view of the nature of the defence which has been filed by me, I request that the claim against Peninsula Business Services Ltd be withdrawn by you as no cause of action lies against it. In the event of your failure to do so I shall proceed as robustly as necessary to secure a strike out of the claim.
Your sincerely
Philip Hulme
Philip Hulme
Legal Services
Compliance Manager
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxanvithaav
These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
The slides was well structured along with the highlighted points for better understanding .
ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
Responsibilities of the office bearers while registering multi-state cooperat...Finlaw Consultancy Pvt Ltd
Introduction-
The process of register multi-state cooperative society in India is governed by the Multi-State Co-operative Societies Act, 2002. This process requires the office bearers to undertake several crucial responsibilities to ensure compliance with legal and regulatory frameworks. The key office bearers typically include the President, Secretary, and Treasurer, along with other elected members of the managing committee. Their responsibilities encompass administrative, legal, and financial duties essential for the successful registration and operation of the society.
Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
Military Commissions Trial Judiciary, Guantanamo Bay, Cuba. Notice of the Chief Defense Counsel's detailing of LtCol Thomas F. Jasper, Jr. USMC, as Detailed Defense Counsel for Abd Al Hadi Al-Iraqi on 6 August 2014 in the case of United States v. Hadi al Iraqi (10026)
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
Visit Now: https://www.tumblr.com/trademark-quick/751620857551634432/ensure-legal-protection-file-your-trademark-with?source=share
ADR in criminal proceeding in Bangladesh with global perspective.
Employment Tribunal Written Submission
1. BRISTOL ET Cases: 1401745/2012 1401756/2012
1401811/2012 1401812/2012
Page 1 of 6
BETWEEN: MR DOUGLAS GARDINER CLAIMANT
AND
EXSTO UK LTD & OTHERS RESPONDENTS
PHR 8th
January 2013
I apologise to the Judge, for my absence. I could find no better
representative than my elderly Father, but after one appearance he
has was defeated by the process. For this reason and many others
including the previous horrifying and degrading experiences with the
Bristol ET, I now have no intention of appearing in person at a PHR.
Thus, despite “the overriding objective” I have been considerably
disadvantaged.
However; I am available throughout the timeframe of the hearing for
comments, questioning and contactable at all times.
+44 7973 172 405
d09l45@gmail.com
In my absence, I ask in advance for a full transcript of the proceedings
and the written reasons of any decision or judgments.
PHR 08/01/2013
Submission 1 of 17
2. BRISTOL ET Cases: 1401745/2012 1401756/2012
1401811/2012 1401812/2012
Page 2 of 6
1.1 The overriding objective
(1) These Rules are a new procedural code with the overriding objective of
enabling the court to deal with cases justly.
(2) Dealing with a case justly includes, so far as is practicable –
a) ensuring that the parties are on an equal footing;
b) saving expense;
c) dealing with the case in ways which are proportionate –
(i) to the amount of money involved;
(ii) to the importance of the case;
(iii) to the complexity of the issues; and
(iv) to the financial position of each party;
d) ensuring that it is dealt with expeditiously and fairly; and
e) allotting to it an appropriate share of the court’s resources, while
taking into account the need to allot resources to other cases.
1.2 Application by the court of the overriding objective
The court must seek to give effect to the overriding objective when it –
a) exercises any power given to it by the Rules; or
b) interprets any rule subject to rules 76.2, 79.2 and 80.2.
1.3 Duty of the parties
The parties are required to help the court to further the overriding objective.
PHR 08/01/2013
Submission 2 of 17
3. BRISTOL ET Cases: 1401745/2012 1401756/2012
1401811/2012 1401812/2012
Page 3 of 6
1.4 Court’s duty to manage cases
(1) The court must further the overriding objective by actively managing cases.
(2) Active case management includes –
a) encouraging the parties to co-operate with each other in the conduct of
the proceedings;
b) identifying the issues at an early stage;
c) deciding promptly which issues need full investigation and trial and
accordingly disposing summarily of the others;
d) deciding the order in which issues are to be resolved;
e) encouraging the parties to use an alternative dispute
resolution(GL)procedure if the court considers that appropriate and
facilitating the use of such procedure;
f) helping the parties to settle the whole or part of the case;
g) fixing timetables or otherwise controlling the progress of the case;
h) considering whether the likely benefits of taking a particular step justify
the cost of taking it;
i) dealing with as many aspects of the case as it can on the same occasion;
j) dealing with the case without the parties needing to attend at court;
k) making use of technology; and
l) giving directions to ensure that the trial of a case proceeds quickly and
efficiently.
PHR 08/01/2013
Submission 3 of 17
4. BRISTOL ET Cases: 1401745/2012 1401756/2012
1401811/2012 1401812/2012
Page 4 of 6
Written Submission
1. All of my submissions to the Tribunal service have been or are in
good faith and reflect my genuine thoughts of the time I have not
changed my story to suit. The respondents had made their intentions
to litigate clear when Baxevanidis stated:
“I can sack you all whenever I like, without calling anybody in”
This was a veiled reference to the 24/7 consultancy service offered
by Peninsular Business Services.
This was later followed by abuse of the system and a series of
recorded delivery letters.
2. When I returned from my Holidays late through no fault of my own
and after keeping in touch with the company, Baxevanidis had set his
trap and pounced. Destroying what little trust I had in him. He had
previously openly bragged about perverting the course of justice. I
endured a difficult relationship with Baxevanidis mostly looking to
the bright side but always waiting for an unpleasant moment.
3. It is difficult to manage staff as I know from my own managerial
experiences but the reaction of Exsto defied human rights, to
investigate an employee’s private life, single them out for excessive
blame for company failure, tell them they are a liar, subject them to a
disciplinary hearing without witnesses or an agreed written record of
the hearing, call them at home whilst sick in bed and make
threatening remarks. Share confidential information with others,
impose unsanctioned disciplinary measures without prior notification
and effectively steal money from that employee at Christmas and at
all times apologising, being sympathetic and changing their story to
suit.
PHR 08/01/2013
Submission 4 of 17
5. BRISTOL ET Cases: 1401745/2012 1401756/2012
1401811/2012 1401812/2012
Page 5 of 6
4. My first ET1 application now known as case 1400500/2011 was
submitted within the imposed 3 month time limit. Continuing what
was a planned litigation by the respondents and their
representatives. Due to my unstable mind at that time my case was
poorly represented. My case was lost justice was not done.
The case was the subject of an unfair trial
5. I kept that case alive by appealing through the accepted channels I
could have submitted more ET1s as I had the right but not the
strength. One example in particular in relation to refusal to provide a
reference but all of this soaked up my health, valuable time and
resource.
6. I am significantly better health wise than I was two years ago. I still
do not drive or enjoy my hobbies or see my children but I can now go
out enjoy the company of friends, my recovery from the stress
inflicted upon me by my employers and their advisors has taken
many months and is still on going.
7. Once the appeal process for case 1400500/2011 within the
Employment Tribunal system was exhausted I resubmitted my cases
into the system within the 3 months of the Judgment of the EAT.
Thus the cases should not be subject to time bar as all of the new
claims are submitted within the 3 month time limit. Neither are
they vexatious or an abuse of the system I am exercising my
fundamental rights.
I cannot be held personally responsible for the time delays within the
Tribunal system.
PHR 08/01/2013
Submission 5 of 17
6. BRISTOL ET Cases: 1401745/2012 1401756/2012
1401811/2012 1401812/2012
Page 6 of 6
8. Furthermore as I have received no submissions or required
documents from the respondents’ representatives.
Under rule 4 & 9 they should take no further part in proceedings.
9. To date the whereabouts of my unanswered appeal letter of April
2011 (see attached) I understand every person has a fundamental
right to appeal to those in power, whether the individual exercises
that right is their choice. I exercised this right but my appeal letter
remains unanswered, despite several requests the respondents and
their representatives (Who without a shadow of doubt composed
the original conclusion letter - Torres can barely speak English) have
not answered my appeal letter.
Thus the cases should not be subject to time bar as all of the new
claims are submitted before the outstanding appeal. Neither are
they vexatious or an abuse of the system I am exercising my
fundamental rights.
10.This is a genuine case I remain on an unfair footing my reluctance to
attend court reflects that, I have written many genuine letters, I do
not regret one letter or retract any statement I have made as at the
time of writing they were my genuine beliefs. The respondents and
their representatives are playing to a well-rehearsed win at all costs
formula and change their story to suit anytime they like and it
becomes acceptable. I do not understand this direct conflict with my
fundamental belief that honesty is the best policy. On paper and in
my mind I cannot change what has happened.
The interests of Justice require a review.
Douglas Gardiner
PHR 08/01/2013
Submission 6 of 17
7. 1 of 11
To Maurie-Laurie Galland
Letter of appeal
Dear Ms Galland
Despite having no trust and confidence in Exsto as an employer - I am writing
in appeal to the recent grievance raised by Mr Torres.
I expect it to be dealt with by Peninsula who were hired by Mr Baxevanidis so it
will be white washed over for legal reasons to protect the company and Mr
Baxevanidis as my previous grievances and appeal were.
PHR 08/01/2013
Appeal 16/04/11 7 of 17
8. 2 of 11
C TORRES: INTRODUCTION
I was not happy at all, my comments were
misunderstood and taken out of context. If Mr Torres wished to proceed I
requested a copy of the investigation notes.
PHR 08/01/2013
Appeal 16/04/11 8 of 17
9. 3 of 11
C TORRES: ITEM 1 part 1
John Baxevanidis was still in charge of my welfare he should have passed on
my concerns to his immediate manager. I did not receive his letter until many
days after the 13th
of December and it contained incorrect allegations, also this
gave him time to bully and victimise me further.
Was it not totally irresponsible to leave Mr Baxevandis and Peninsula in charge
of my welfare considering my allegations of bullying?
Mr Penelon was aware of a concern/grievance on the 9th
of December 2010
Although I was self certified as unfit for work, I went to the Doctor on Friday
the 10th
of December 2010 to seek a professional opinion of my condition. As
in the past on other occasions, if I reported unfit for work, Mr Baxevanidis had
repeatedly not believed me, strongly indicating his personal displeasure.
I e-mailed ML Galland Human Resources Director Exsto on the 14th
of
December 2010 and this was ignored.
It takes a lot of courage to complain about a dictatorial bully.
Just to reiterate Exsto supposedly takes allegations of bullying very seriously.
PHR 08/01/2013
Appeal 16/04/11 9 of 17
10. 4 of 11
C TORRES: ITEM 1 CONTINUED
The company grievance procedure should be resolved within 20 days and this
is what I was expecting.
I do not know if your investigations were thorough or not. I never saw the
investigation notes. Many of my questions remain unanswered. During this
whole process from the beginning, I have felt as I have done something wrong
by being bullied and becoming unwell.
The translator was for Mr Torres, not me.
Even though French was spoken during the appeal hearing these comments
were not noted by the minute taker.
Throughout this process the work commitments, general help, and apologies,
have been repeated over and over again and are a legal sham, so therefore
have become unnecessary and tiresome.
PHR 08/01/2013
Appeal 16/04/11 10 of 17
11. 5 of 11
C TORRES: ITEM 1 CONTINUED
Mr Baxevani have destroyed all trust and
confidence I had in Exsto France as an employer. I saw a bright future for me
with Exsto, after all it was I who reintroduced Baule to Dunlaw ultimately
leading to the takeover. I was keen to promote the company by quick action
with Vincent securing the Skarv project, introducing it to Honda and recently
travelling to Brazil. Until Mr Baxevandis is suitably disciplined and the contract
with Peninsula terminated I will not reconsider my resignation.
Exsto should have liaised with my Doctor in December 2010 not April 2011
Regarding my medical records I have supplied enough information over the
past 7 years for Exsto to form an opinion at face value, unless there is good
reason to think to the contrary. Exsto do not have to make searching enquiries
of me or seek permission to make further enquiries of my medical advisors.
Just to reiterate Exsto supposedly takes allegations of bullying very seriously.
PHR 08/01/2013
Appeal 16/04/11 11 of 17
12. 6 of 11
C TORRES: ITEM 2
The comments regarding Unit 3 at Atworth are referring to a totally different
arrangement however just to note when I shared the office at different times
with Richard, Adrian and Ahmed it was not a problem I trained all of these
people and we shared a similar role. At 67 Roundponds for a short period of
time Vincent and I shared the office with another draughtsman from Exsto
France this was perfectly acceptable, as he was performing a similar role to
me.
To enforce a company policy is not an HR law .
The separate office was unsuitable as were the open plan options and besides I
was unfit to make a decision having complained of stress.
I am glad Exsto are considering my concerns. However the building has been
modified substantially since Christmas 2010 so any future risk assessments and
improvements will be of no consequence to me.
Just to reiterate Exsto supposedly takes allegations of bullying very seriously.
PHR 08/01/2013
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13. 7 of 11
C TORRES: ITEM 3 part 1
Why was John Baxevanidis left in charge of my welfare?
Was it not totally irresponsible to leave Mr Baxevandis and Peninsula in charge
of my welfare considering my allegations of bullying?
The
work immediately without trying to have further constructive discussions with
to work on the 9th
of December 2010 when he and Mr Torres doubted my
the evil at root of the whole sorry saga.
Although I was self certified as unfit for work, I went to the Doctor on Friday
the 10th
of December 2010 to seek a professional opinion of my condition. As
in the past on other occasions, if I reported unfit for work, Mr Baxevanidis had
repeatedly not believed me, strongly indicating his personal displeasure.
Just to reiterate Exsto supposedly takes allegations of bullying very seriously.
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ITEM 3 CONTINUED
confidence I had in Exsto France as an employer. I saw a bright future for me
with Exsto, after all it was I who reintroduced Baule to Dunlaw ultimately
leading to the takeover. I was keen to promote the company by quick action
with Vincent securing the Skarv project, introducing it to Honda and recently
travelling to Brazil. Until Mr Baxevandis is suitably disciplined and the contract
with Peninsula terminated I will not reconsider my resignation.
Torres thinks this was a necessary adequate control then my decision to resign
with no trust or confidence in his company is totally justified again. I arrived at
the premises normally before 8am on most days nearly an hour before Mr
Baxevanidis.
It takes a lot of courage to complain about a dictatorial bully.
Just to reiterate Exsto supposedly takes allegations of bullying very seriously.
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15. 9 of 11
ITEM 3 CONTINUED
Why was John Baxevanidis left in charge of my welfare?
Was it not totally irresponsible to leave Mr Baxevandis and Peninsula in charge
of my welfare considering my allegations of bullying?
Although I was self certified as unfit for work, I went to the Doctor on Friday
the 10th
of December 2010 to seek a professional opinion of my condition. As
in the past on other occasions, if I reported unfit for work, Mr Baxevanidis had
repeatedly not believed me, strongly indicating his personal displeasure.
It takes a lot of courage to complain about a dictatorial bully.
Just to reiterate Exsto supposedly takes allegations of bullying very seriously.
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16. 10 of 11
ITEM 3 CONTINUED
I am glad Exsto are considering my concerns. However the building has been
modified substantially since Christmas 2010 so any future risk assessments and
improvements will be of no consequence to me.
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CONCLUSION
I cannot find sufficient grounds to agree with Mr Torres findings.
My understanding is he does not understand and all his answers seem to have
been provided by Mr Baxevanidis and his personal representatives Peninsula
thus Mr Baxevanidis has remained in full control of my welfare since the 2006
until the present.
Please investigate this appeal.
Many thanks
Doug.
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