Monday, 24 June 2013
An update on our in-progress litigation
Courtesy of the esteemed Nelson Mail: http://www.stuff.co.nz/nelson-mail/news/8833830/Haldeman-fights-ERA-ruling
Tuesday, 9 April 2013
Haldeman LLC files criminal proceedings against Mia Nelson
Today Haldeman LLC lodged a private criminal prosecution against
former employee Mia Nelson. Lodged in the Nelson District Court,
Haldeman LLC claims Mia Nelson falsified her resume and in doing so
committed an offense under sections 240 and 241 of the Crimes Act 1961.
Haldeman LLC recently engaged a private investigator in Washington
state, USA who obtained a sworn affidavit from Mia Nelson’s claimed
former employer John Casablancas Career Center. This affidavit states:
“1. Mia Nelson was never employed with John Casabalancas Career Center
2. The search that we had done for Mia Nelson included looking through our Employee Book, which has all of our past to present employees. We found no records under the name of Mia Nelson; not in 2010 nor in the past years of 2000″
Haldeman LLC is currently awaiting the court to issue Mia Nelson a summons. The initial hearing has been provisionally scheduled for 1 May 2013.
In 2002, John Davy was sentenced to eight months imprisonment after the Auckland District Court found that he had lied about his qualifications when securing a job at the Maori Television Service.
“1. Mia Nelson was never employed with John Casabalancas Career Center
2. The search that we had done for Mia Nelson included looking through our Employee Book, which has all of our past to present employees. We found no records under the name of Mia Nelson; not in 2010 nor in the past years of 2000″
Haldeman LLC is currently awaiting the court to issue Mia Nelson a summons. The initial hearing has been provisionally scheduled for 1 May 2013.
In 2002, John Davy was sentenced to eight months imprisonment after the Auckland District Court found that he had lied about his qualifications when securing a job at the Maori Television Service.
Wednesday, 20 February 2013
Employment Relations Authority awards $35,800 to former staff member Mia Nelson dismissed for Nazi views and for allegedly falsifying her resume
Haldeman LLC today said that:
The Employment Relations Authority believes that being dismissed for bringing Nazi views into the workplace and for allegedly falsifying a resume is worth a payout in excess of $35,000.
This decision is a disgrace. Mia Nelson was dismissed for bringing Nazi views into the workplace. She admitted creating a hitler email address during work time, and using language such as "ilovehitler".
Haldeman LLC believes using Nazi language such as "ilovehitler" and accessing a Nazi themed website in the office is atrocious and gross misconduct. The Employment Relations Authority disagrees.
Mia Nelson also allegedly admitted she falsified her resume to senior management but later denied this occurred. However when challenged on multiple occasions to produce evidence to support the claims made on her resume, she refused to co-operate. To this date, she has not been able to prove any of the previous employment claimed on her resume.
Haldeman LLC believes that staff who have allegedly admitted to falsifying their resumes, and then refuse to co-operate with an investigation meeting to address the matter, have committed gross misconduct. The Employment Relations Authority disagrees and believes Mia Nelson's simple denial rather than considering hard evidence.
WHAT THE ERA SAID
Buried on page 35, Employment Relations Authority confirms "Ms Nelson did create the hitlerhatesbabies email address and the ilovehitler password".
The ERA also rules on the allegation that Mia Nelson falsified her resume that "Ms Nelson did refuse to allow the respondent [Haldeman LLC] to carry out a background check on her, but she gave an explanation for which that I found credible." This explanation, detailed on page 14 of the decision is that Ms Nelson declined to do this background check "because a background check in the USA would just investigate whether she had a criminal history and would not have been about her jobs."
However the email Mia Nelson was sent placing her on suspension (and which the ERA was provided a copy of) states:
"To assist with this investigation you can provide references or accompanying documentation to confirm the previous employment and credentials you claimed in your resume. Alternatively the other option is for you to sign a disclosure permitting us have an independent company provide a background check in the US to confirm the veracity of your resume."
This email never mentioned a criminal check. It is curious Ms Nelson appeared so fearful of a resume or indeed criminal background check being completed.
Haldeman LLC will be appealing this decision in the Employment Court.
Mia Nelson is already facing upcoming legal action taken by Haldeman LLC in the Nelson High Court in case CIV 2012/442/476 along with her partner and former Haldeman LLC employee Joshua Dean, who are being sued for breaches of the Fair Training Act. Injurious Falsehoods and Defamation respectively, for damages in the region of $860,000.
The Employment Relations Authority believes that being dismissed for bringing Nazi views into the workplace and for allegedly falsifying a resume is worth a payout in excess of $35,000.
This decision is a disgrace. Mia Nelson was dismissed for bringing Nazi views into the workplace. She admitted creating a hitler email address during work time, and using language such as "ilovehitler".
Haldeman LLC believes using Nazi language such as "ilovehitler" and accessing a Nazi themed website in the office is atrocious and gross misconduct. The Employment Relations Authority disagrees.
Mia Nelson also allegedly admitted she falsified her resume to senior management but later denied this occurred. However when challenged on multiple occasions to produce evidence to support the claims made on her resume, she refused to co-operate. To this date, she has not been able to prove any of the previous employment claimed on her resume.
Haldeman LLC believes that staff who have allegedly admitted to falsifying their resumes, and then refuse to co-operate with an investigation meeting to address the matter, have committed gross misconduct. The Employment Relations Authority disagrees and believes Mia Nelson's simple denial rather than considering hard evidence.
WHAT THE ERA SAID
Buried on page 35, Employment Relations Authority confirms "Ms Nelson did create the hitlerhatesbabies email address and the ilovehitler password".
The ERA also rules on the allegation that Mia Nelson falsified her resume that "Ms Nelson did refuse to allow the respondent [Haldeman LLC] to carry out a background check on her, but she gave an explanation for which that I found credible." This explanation, detailed on page 14 of the decision is that Ms Nelson declined to do this background check "because a background check in the USA would just investigate whether she had a criminal history and would not have been about her jobs."
However the email Mia Nelson was sent placing her on suspension (and which the ERA was provided a copy of) states:
"To assist with this investigation you can provide references or accompanying documentation to confirm the previous employment and credentials you claimed in your resume. Alternatively the other option is for you to sign a disclosure permitting us have an independent company provide a background check in the US to confirm the veracity of your resume."
This email never mentioned a criminal check. It is curious Ms Nelson appeared so fearful of a resume or indeed criminal background check being completed.
Haldeman LLC will be appealing this decision in the Employment Court.
Mia Nelson is already facing upcoming legal action taken by Haldeman LLC in the Nelson High Court in case CIV 2012/442/476 along with her partner and former Haldeman LLC employee Joshua Dean, who are being sued for breaches of the Fair Training Act. Injurious Falsehoods and Defamation respectively, for damages in the region of $860,000.
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