Ep 109 N8 23rd Feb 24 Truth Bombs OIAs and 9 Pages of Adverse Events

Liz starts tonights zoom off with a legal definition of - JUSTIFICATION.Show more

What is a Tort?

Liz goes on to explain the definition and how it is relevant to lodging Personal Grievances and 103(1) (A) of Employment Relations Act - Test of Justification in Unjustified dismissal and 103(1)(B) is Disadvantage in the course of employment.

N8 is having wins using these and continues to use them. This gives sacked workers 3 years to take an employment action against their bosses or ex bosses.

The above section states “The question of wether a dismissal or an action was justifiable must be determined on an objective basis by applying the test in subsection 2. The test is whether the employer’s actions and how the employer acted were what a fair and reasonable employer could have done in all the circumstances at the time the dismissal or action occurred.
 
Liz continues on to explain how the above and the rest of this section has great significance. 

What is legally “objective” and “justifiable”? If this is not looked from a legal perspective then its “subjective”

Employers and lawyers are getting tripped up with this.

Liz further explores the recent Defence Force ruling a week after the ruling came out. Super interesting. Members of the defence Force can sue the crown. This happened in the Yardley decision. The recent case is different. They never looked at the HSWA which applies to the Armed Forces which does apply when they are in NZ.

Liz takes us through Armed Forces Discipline Act and how this all ties together

OIAs - more gold dust from these! 
https://fyi.org.nz/request/25517-payments-for-covid-related-illnesses-to-your-workers-at-the-ministry-of-health#incoming-96875

https://rumble.com/v4esc4t-lily-nightingale-oia-request.html 
https://mega.nz/file/66QBXSQI#-oMp7kenmA80Humd7feQ1meE8wuH1pqH-vOFOzwOX-I

https://www.facebook.com/erika.whittome/posts/pfbid0f7HbJzapGCLtEaiY21rwTNZM1R4uLXJ9QvQsqsVTwGdaX77WTSsNzKm6sj58DYVrl 

Insane Govt overspending https://www.bassettbrashandhide.com/post/danyl-mclauchlan-unjarndycing-the-state


Plus so much more!

TIMELINE, SHOWNOTES & CONTENT LINKS
TIMELINE
Section 1 – 00:00:00
- The legal definition of justification is a legally sufficient reason or cause for an act that would otherwise be criminal or tortious - grounds for a lawsuit.
- A personal grievance (PG) in employment law is based on a tort or breach of contract. Tort means a harm against another person or their property.
- Tort cases are civil matters, tried in the same courts as criminal cases like district or high court.
- The discussion focuses on section 103A of the Employment Relations Act regarding unjustified dismissal or disadvantage during employment. This is relevant to the later discussion on NZDF case.
- Section 103A lays out an objective test for determining if a dismissal or disadvantageous action by the employer was justifiable based on what a reasonable employer would do in the circumstances.
- The speaker argues dismissals and actions by employers like vaccine mandates must have a legitimate reason to be considered justifiable rather than subjective under the law.
- The Basher case talks about the employers advantage with resources.
- They discuss how this section impacts other employment cases arguing justification before the authority or courts.

Section 2 – 00:09:00
- The discussion focuses on the NZ Defence Force (NZDF) vaccine mandate case ruled on by the High Court. It found the mandate inconsistent with various laws including the Bill of Rights Act.
- The NZDF is constituted under the Defence Act (DA) 1990 and bound by NZ laws. Members can enforce their rights against the Crown via the Bill of Rights Act.
- The Health and Safety at Work Act (HSWA) covers the NZDF and they must promote health and safety even during training. The NZDF has been sued by WorkSafe before over accidents.
- Noting section 7 subsection 9 - In commanding the New Zealand Defence Force, the Chief of Defence Force must take into account the need to promote the purpose of this Act to the greatest extent consistent with maintaining the defence of New Zealand. So, NZDF not only must abide, but promote the Act.
- Sections of the Armed Forces Discipline Act 1971 were mentioned in relation to orders and health endangerment. Section 39 & 72.
- Liz discusses the NZDF ruling establishes that orders must be lawful under the Bill of Rights Act. This impacts other cases relating to vaccine mandates.
- While the Bill of Rights Act doesn't provide remedies, the Health and Safety at Work Act could be used to argue adverse conduct from mandates.
- They have their own military courts, the Court Martial of New Zealand, therefore don’t use the employment courts. Section 45 (5) Defence Act 1990 - Nothing in the Employment Relations Act 2000 applies to the conditions of service of members of the Armed Forces. Section 45 (3) & (4) remuneration – under contract of service. Temporary defence force order.
- Implications of the ruling for ongoing NZDF compliance and its relevance for other appeals were discussed. Re those under the orders, how they were enforced. The summary focused on the key legal points. Importance of section 72 DA 1990 Endangering the health of members of the Armed Forces. NZDF and public service commission.
00:27:00 - Employment relations Act binds the crown, as all acts do. Contract for services v contract of services. Unwritten contracts.
- Summing up the NZDF case and recommendation to use the HSWA. Liz explains how employment agreements can use NZBORA.

Section 3 – 00:34:00
- The section focuses on analysing Ministry of Health worker data obtained through OIA requests related to COVID policies and their impact.
- An should be done OIA could ask if politicians/judges received exemptions, it’s suggested they may have.
- Erika discusses more OIA’s. Another OIA asked how many Ministry of Health workers claimed ACC (accredited employer) for long COVID effects. The response was none.
- 615 Ministry staff took "discretionary" COVID leave from March 2020-January 2023. Over 10% of estimated 5000 staff. Could take sick days to attend vaccination or recover from side effects from vaccination.
- It's suggested sick leave before/after 2020 should be compared. Accrued leave amounts were also mentioned.
- HR data on sick leave days/rates is tracked, unlike vaccine status. Follow-up OIAs are proposed on total sick leave days for the 615 workers.
- Anecdotes shared about workers reporting illness after vaccination. Staff growth was prevalent in government agencies, OIA required. OIA sleuthing requested.

Section 4 – 00:48:00
- This section focuses on the OIA requests, vaccine side effects report, informed consent issues and legal implications of the Pfizer indemnity provided.
- The discussion refers to an OIA request made by Dr. Lily Nightingale to the Ministry of Health about COVID vaccine side effects. Interview with Liz Gunn.
- The OIA included 7 questions and the responses referred to other people's OIAs, requiring collating multiple responses.
- The Pfizer post-marketing report released by a US court order contained around 1200 different diagnoses of side effects.
- Informed consent questions were raised about whether consent was truly informed without knowledge of the full side effects report.
- Mention of leaked vaccination data identifying around 12,000 vaccinators, though this was questioned as individual vaccinators were not directly paid. Lump sum for facilities? Companies registry.
- Have they changed Barry Youngs charge? From stealing to leaking.
- Discussion of Gazette publications formerly identifying tuberculosis vaccinators and why this stopped.
- Details from the New Zealand Parliament handbook around Minister Grant Robertson declaring an indemnity to Pfizer over $10 million as required by law. Hansard – parliamentary reports. 21 Oct 2021. Grant Robinson now the chancellor of Otago University
- Questions raised about the scope of this indemnity and implications for potential future liability claims.

Section 5 – 01:04:00 OPEN CHAT
- This section focuses on monitoring of online content, updates on Barry Young's case, critique of wasteful government spending patterns, and disincentives for efficient small government.
- The discussion starts about Bill Gates' father being involved in eugenics and how Gates Foundation now funds the WHO.
- Discussion if government agencies like the police monitor people who share certain content on Facebook that gets flagged/banned.
-Damian. D. investigation into university of Auckland.
- Mention of US media dominance in covering events like the Super Bowl in New Zealand.
- Brief discussion about a Russian IP address attempting to access someone's computer.
- Updates on Barry Young's recent court appearances regarding leaked health data. Suggestion he should pursue whistleblower protections.
- Discussion of an article about wasteful government spending on projects like Let's Get Wellington Moving, with hundreds of millions spent on consultants rather than infrastructure.
- Analysis that governments have incentives to continue wasteful spending patterns since they face no bankruptcy risk from taxpayer funding.
- The story of Jarndyce and Jarndyce, Bleak House by Charles Dickens – fee’s eaten up by lawyers
- Comments about lack of incentive for small/efficient government given current large taxation and policies that enable profitable public sector bureaucracy.
- A group called A Private Agenda

CONTENT LINKS
Section 1
ERIKA WHITTOME: General Secretary of the Number 8 Workers' Union: On How the New Unions Are Changing the Landscape
https://realitycheck.radio/erika-whittome-general-secretary-of-the-number-8-workers-union-on-how-the-new-unions-are-changing-the-landscape/

S. 103A Test of justification - Employment Relations Act 2000
(1) For the purposes of section 103(1)(a) and (b), the question of whether a dismissal or an action was justifiable must be determined, on an objective basis, by applying the test in subsection(2).
https://www.legislation.govt.nz/act/public/2000/0024/latest/DLM60327.html

FOUR MEMBERS OF THE ARMED FORCES v CHIEF OF DEFENCE FORCE [2024] NZCA 17 [16 February 2024
https://www.courtsofnz.govt.nz/assets/cases/2024/2024-NZCA-17.pdf

Bill of Rights Act 1990 (New Zealand)
https://www.legislation.govt.nz/act/public/1990/0109/latest/whole.html

Defence Act 1990 (New Zealand)
Section 45(3) requires the Chief of Defence Force consult with the Public Service Commission on wages.
https://www.legislation.govt.nz/act/public/1990/0028/latest/whole.html#DLM206071

Armed Forces Discipline Act 1971 – see section 72 - Endangering the health of members of the Armed Forces
https://legislation.govt.nz/act/public/1971/0053/latest/whole.html

Section 7 Health and Safety at Work Act 2015 - Application of Act to Armed Forces
https://www.legislation.govt.nz/act/public/2015/0070/latest/whole.html#DLM5976671

Erika OIA - Payments for covid related illnesses to your workers at the Ministry of Health
https://fyi.org.nz/request/25517-payments-for-covid-related-illnesses-to-your-workers-at-the-ministry-of-health#incoming-96875

Lily Nightingale OIA interview with Liz Gunn
https://rumble.com/v4esc4t-lily-nightingale-oia-request.html

OIA Pfizer side effects https://mega.nz/file/66QBXSQI#-oMp7kenmA80Humd7feQ1meE8wuH1pqH-vOFOzwOX-I

Insane Govt overspending
https://www.bassettbrashandhide.com/post/danyl-mclauchlan-unjarndycing-the-state

Hastings truck driver who refused Covid jab gets $29,000 payout for wrongful dismissal
https://www.nzherald.co.nz/nz/hastings-truck-driver-who-refused-covid-jab-gets-29000-payout-for-wrongful-dismissal/3QG5LXXYI5HPFMJBWXH3HMX23E/

Jarndyce and Jarndyce (or Jarndyce v Jarndyce) is a fictional probate case in Bleak House
https://en.wikipedia.org/wiki/Jarndyce_and_Jarndyce

Multi choice quiz: https://poe.com/s/FfWdMsZm7758ie7dqbWW