Speculators and oil company executives should be charged with terrorism for raising oil and gas prices artificially high without sufficient reason.
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Speculators and oil company executives should be charged with terrorism
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Rescind Citizens United Decision
· Justices Ginsburg and Kennedy just issued an extraodinary statement, calling on their fellow Justices "to consider whether, in light of the huge sums currently deployed to buy candidatesâ allegiance, Citizens United should continue to hold sway." [http://j.mp/GBstmt]
· Justice Scalia recently said, "If the system seems crazy to you, don't blame it on the court.â [http://usat.ly/zQbXPU] Well, I do blame it on the Supreme Court. Its decision in the Citizens United case two years ago is destroying our democracy.
· Polls show 80% of Americans want Citizens United overturned. [http://j.mp/PHart]
· The Citizens United case, crazily, said corporations have a âfree speechâ right to spend unlimited sums of money influencing our elections, as if corporations were people. They arenât.
· Free speech is for people, not corporations.
· Iâm appalled by how our airwaves are already being filled with vicious campaign ads, and itâs only February! Just imagine how much worse things will get as the year goes on.
· Every major Presidential candidate now has a Citizens United -enabled super PAC that allows corporations and the ultra-rich to spend limitless sums, anonymously, to buy our elections.
· 94% of elections are won by the candidate who spends the most money. Thatâs not an election, thatâs an auction.
· Corporations, with virtually limitless money at their disposal, will always be able to outspend real people. Itâs the end of democracy, unless we undo the damage done by Citizens United.
· The Supreme Court has just been handed an opportunity to fix this mess. It should take it.
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Occupy Koch Town Response
The following letter was approved by consensus of a general assembly of activists attending Occupy Koch Town on February 18, 2012.
Dear Mr. President,
We gather together today in America’s Heartland to bring light to the darkness personified in the proposed Keystone XL Pipeline, which is currently scheduled to divide our country in two in 2013.
The Sierra Club invited the Occupy activists for a weekend of protests surrounding the Keystone XL Pipeline. People from dozens of Occupations came, not necessarily to decry the environmental outrage the Keystone XL represents, but because Keystone XL is yet another example of monied interests outweighing the interests of the health, well-being, and the voices of the American people.
It is no accident that we gather together in Wichita, home of Koch Industries. Koch Industries’ subsidiary Flint Resources Canada has a direct and substantial interest in the completion and operation of Keystone XL. Koch Industries’ interest in this pipeline embodies all that is wrong with this country – the dollars of the powerful overriding the voices of a free people.
Yesterday, by a vote of 237-187 (54% yeas), the House approved a bill to strip the President’s decision-making authority on the Keystone XL Pipeline and put that authority into the Federal Energy Regulatory Commission, while simultaneously opening up off-shore drilling off the coasts of California, Florida, and Virginia.
We the people know something about having our voices stolen by those who hold the coin and the ears of our politicians. Now, President Obama, you have had YOUR voice stolen – not just as a citizen, but as the American President.
Mr. President, do not delay. Don’t delay the Keystone XL; cancel it, and end this forever. Not just for the environment, but to declare in a strong voice: We the People make the calls; not We the Dollars.
Sincerely,
Citizens gathered together in solidarityWho may or may not happen to participate in the Occupy movement
Dear Mr. President,
We gather together today in America’s Heartland to bring light to the darkness personified in the proposed Keystone XL Pipeline, which is currently scheduled to divide our country in two in 2013.
The Sierra Club invited the Occupy activists for a weekend of protests surrounding the Keystone XL Pipeline. People from dozens of Occupations came, not necessarily to decry the environmental outrage the Keystone XL represents, but because Keystone XL is yet another example of monied interests outweighing the interests of the health, well-being, and the voices of the American people.
It is no accident that we gather together in Wichita, home of Koch Industries. Koch Industries’ subsidiary Flint Resources Canada has a direct and substantial interest in the completion and operation of Keystone XL. Koch Industries’ interest in this pipeline embodies all that is wrong with this country – the dollars of the powerful overriding the voices of a free people.
Yesterday, by a vote of 237-187 (54% yeas), the House approved a bill to strip the President’s decision-making authority on the Keystone XL Pipeline and put that authority into the Federal Energy Regulatory Commission, while simultaneously opening up off-shore drilling off the coasts of California, Florida, and Virginia.
We the people know something about having our voices stolen by those who hold the coin and the ears of our politicians. Now, President Obama, you have had YOUR voice stolen – not just as a citizen, but as the American President.
Mr. President, do not delay. Don’t delay the Keystone XL; cancel it, and end this forever. Not just for the environment, but to declare in a strong voice: We the People make the calls; not We the Dollars.
Sincerely,
Citizens gathered together in solidarityWho may or may not happen to participate in the Occupy movement
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Stop Illegal foreclosures
Big banks are illegally foreclosing on homeowners properties when the debt has already been paid.Their actions are decimating our communities and driving down the values of our homes. The loan servicers must provide loan modifications to eligible homeowners. Public policy supports homeowners remaining in their homes as opposed to vacant property.
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AEOE Board Accountability
The AEOE Executive Board has disenfranchised the membership of AEOE. Instead of protecting and enhancing our rights as members the “new by-laws” downgrade our membership to ‘associate’.
This attempt to disenfranchise the membership is extreme, shortsighted and unethical. The AEOE Board must continue to be a government for the members, of the members, and by the members. AEOE has enjoyed a proud 60-year history as a membership organization and we want to keep it that way.
Don’t let the Board approve these “new by-laws”. Tell them that we will not tolerate any changes to our status as MEMBERS, or any other changes to our by-laws that cater to the self-interest of a few and marginalize the rest of us.
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Outlaw private commercial payday lenders
These companies play on the desperation of the most vulnerable people in society, lending money at horrific rates of interest and sending round threatening bullyboys to make the collection. They should be outlawed and more done to make people aware of non-profit credit unions.
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eBay Stop Unfair Practice of DSR and suspension of Seller Accounts
have been a seller with 177 positive feedback last year. Most of my customers left great feedback, we were sending our items to customers on the same day, and it was lot of fun.
Then came few negative feedbacks (color not as described, item not as described and such) I offered everyone of them the option of returning the item to us (return shipping paid by us) but still we were hit with a negative or neutral feedback.
This led to our DSR going down and in turn eBay decided to severely hinder our selling abilities by burying our listings on the last pages of the search (according to one eBay CS representative this is a standard protocol).
I was told that If we were to improve our seller ratings, then we could resume our normal selling and our account wont be affected. This is a catch 22 because if my listings were buried in the pages, obviously I could not sell as many items and in turn I would not get as many positive feedbacks -- eventually falling below the eBay guidelines.
So eBay decided that they were going to permanently suspend our account and never let us sell on their site. I was furious, how can this be? We have not scammed anyone, not taken anyone's money, send the items as agreed by us, and sent items in timely manner, yet we were being banned by eBay for LIFE????????
What really makes my blood boil is the THUGS in Trust and Safety team are RUDE and inconsiderate morons. They were so rude that I felt compelled to write to State Attorney General's office about this as well as BBB's site.
I am now making a full time mission to put an end to this practice and decided to start this petition. If we get enough people together we can make a difference. This policy of eBay needs to be changed as it is effecting thousands of people everyday.
What eBay is doing is not only immoral but completely out of line. You can not screw with decent people and expect them to just take it laying down. The mental agony I am going through right now is beyond any words can describe. My blood is still boiling everytime I recall that THUG who decided on his own to shut us down for no good reason other then 6 people saying they got the item but it was not to their satisfaction - completely Ignoring 177 positive feedback we received.
How can this nonsense be tolerated? It is not I am doing something about it. If you are / were in the same situation, please sign this petition and together we can make a difference.
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We want a bus from Abbey to Addenbrooke's!
In recent months I have been talking to people around Abbey about bus services and it is clear there is enthusiasm for a variation of the Citi 3 service. This could consist of a circular route connecting the two ends at Abbey and Cherry Hinton and, in addition to the usual stops, travel to Addenbrookeâs. A variation of the Citi 3 would give Abbey residents more choice when going to places like the rail station, as well as providing a new route to the hospital - especially when congestion is at its worst on Hills Road and in the city centre.
I am confident that from a business perspective it would not harm the existing Citi 3 service and could actually boost revenues seeing as this potential service fills a demand for an easy route to the hospital that would benefit many people, particularly hospital staff, families, the infirm, and disabled.
An possible alternative would be to have a direct bus service from Barnwell Rd and Perne Rd to the hospital.
If Stagecoach is committed to serving the people of Cambridge then it should, in my view, take into consideration the needs of the local population.
Therefore I urge Stagecoach to improve bus services generally for the people of Cambridge, and Abbey by looking into this issue.
Please sign this petition if you agree with the above.
I am confident that from a business perspective it would not harm the existing Citi 3 service and could actually boost revenues seeing as this potential service fills a demand for an easy route to the hospital that would benefit many people, particularly hospital staff, families, the infirm, and disabled.
An possible alternative would be to have a direct bus service from Barnwell Rd and Perne Rd to the hospital.
If Stagecoach is committed to serving the people of Cambridge then it should, in my view, take into consideration the needs of the local population.
Therefore I urge Stagecoach to improve bus services generally for the people of Cambridge, and Abbey by looking into this issue.
Please sign this petition if you agree with the above.
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END THE ZOMBIELAND UPRISE
based on my own personal experiences and the collaborated experiences of my peers ive come to the conclusion that 90% of the united states population is either A) half comatose B) more than half comatose and either suffering from A) an acute level of inbreeding B) a significant amount of inbreeding. based on this carefully gathered information i propose that this percentage of the US population be exterminated through process A) privately contracted fumigation of mass proportion B) government subsidized forced sterilization. through these processes comes the restoration of a completely stagnant evolutionary process and the foundation of a more favorable future.
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Kevin Peachey (EUPA) spent $6.5k on pornographic printing - TAX FRAUD
Just got hold of the EUPA budget from Kevin recently - can you believe this? EUPA gets paid $448,174, almost quarter of a million dollars from the Department of Education, and they're spending a whopping $347,437.50 on wages? This scenario apparently leads to a predicted loss of $118,844.10; it's no wonder Mr. Love tried to kick out Jeremy to "reduce cost"! It's also astounding how the greedy Mr. Love takes home a huge $140k+ pay check, earning around $500 per day - more than most people earn in a week! Also, that he gave himself a generous $12k bump in his salary in the past financial year (despite the financial crisis). Even worse? Notice David Love's salary ($141k) is around 32% of what DTWD is giving him!
EUPA Training Council Budget 2011/12
(Executive Officer, 1 x Project Officer , Administrative Support)
> Income
DTWD Service Agreement - Operating Grant: $418,174.00
DTWD Curriculum Services: $20,000.00
Interest (estimate): $10,000.00
TOTAL: $448,174.00
> Predicted Expenses
Office Rent & Variables: $28,000.00
Office Expenses/Bank fees etc: $2,000.00
Electricity: $3,000.00
Telephone: $8,000.00
Subscriptions & Periodicals: $2,000.00
Photocopier & Printing: $6,500.00
Postage & Courier Costs: $1,000.00
Computer & Stationary: $5,000.00
Internet Expenses: $2,500.00
Insurances: $7,500.00
Fuel & Motor vehicle expenses: $15,000.00
Fringe Benefits Tax: $5,000.00
Parking: $1,250.00
Travel: $15,000.00
Promotion/Publications/Expo attendance: $15,000.00
Meeting & Conference expenses: $17,500.00
Professional Development: $2,500.00
Office Cleaning: $3,500.00
Security: $3,000.00
Audit Fees: $3,000.00
Book keeping assistance: $2,000.00
Salaries & Wages: $267,437.50
Superannuation: $24,069.37
TOTAL: $439,756.87
> Contingent liabilities
Motor vehicle replacement: $10,000.00
Redundancy provision : $9,423.75
Long Service Leave provision: $9,337.48
TOTAL: $28,761.23
TOTAL COSTS (Est): $468,518.10
PREDICTED LOSS: -$20,344.10
---------
EUPA Training Council Budget 2011/12
(Executive Officer, 2 x Project Officers , Administrative Support)
> Income
DTWD Service Agreement - Operating Grant: $418,174.00
DTWD Curriculum Services: $20,000.00
Interest (estimate): $10,000.00
TOTAL: $448,174.00
> Predicted Expenses
Office Rent & Variables: $28,000.00
Office Expenses/Bank fees etc: $2,000.00
Electricity: $3,000.00
Telephone: $8,000.00
Subscriptions & Periodicals: $2,000.00
Photocopier & Printing: $6,500.00
Postage & Courier Costs: $1,000.00
Computer & Stationary: $5,000.00
Internet Expenses: $2,500.00
Insurances: $7,500.00
Fuel & Motor vehicle expenses: $17,500.00
Fringe Benefits Tax: $5,000.00
Parking: $1,250.00
Travel: $18,000.00
Promotion/Publications/Expo attendance: $15,000.00
Meeting & Conference expenses: $17,500.00
Professional Development: $2,500.00
Office Cleaning: $3,500.00
Security: $3,000.00
Audit Fees: $3,000.00
Book keeping assistance: $2,000.00
Salaries & Wages: $347,437.50
Superannuation: $31,069.37
TOTAL: $532,256.87
> Contingent liabilities
Motor vehicle replacement: $10,000.00
Redundancy provision: $12,423.75
Long Service Leave provision: $12,337.48
TOTAL: $34,761.23
TOTAL COSTS (Est): $567,018.10
PREDICTED LOSS: -$118,844.10
-------
Salaries are explained here:
David Love:
- Base salary (2010/11): $116,138.38
- Increment: $11,613.84
- Leave loading: $1,719.74
- Super: $11,652.48
- TOTAL PAY: $141,124.44 <<<<<<<<<<<<<<
- RATE PER DAY: $491.35
- RATE PER WEEK: $2,456.77
Kevin Peachey:
- Base salary (2010/11): $82,800.00
- Increment: $8,280.00
- Leave loading: $1,226.08
- Super: $8,307.55
- TOTAL PAY: $100,613.62 <<<<<<<<<<<<<<
- RATE PER DAY: $350.31
- RATE PER WEEK: $ 1,751.54
Serena Panas:
- Base salary (2010/11): $48,438.00
- Increment: $4,843.80
- Leave loading: $717.26
- Super: $4,859.91
- TOTAL PAY: $58,858.97 <<<<<<<<<<<<<<
- RATE PER DAY: $204.93
- RATE PER WEEK: $1,024.65
If the David Gordon Love (EUPA Training Council) online defamation saga wasn't the huge item in Western Australian politics this week, then what was? As we all know, David Love is the bloke who made an (albeit unsuccessful) tilt with TAC auditor Helen McCarter in the business world in the early 2000's. Add to that Joe Fiala of CEPU trying to make inroads from the union, to affecting our VET education system. Talk about a power grab attempt, Mr. Fiala! But this is just the start of Mr. Love's troubles, who has for the past several years tried to defraud the Australian Taxation Office.
It all started with a posting made by Kyle Kutasi (NECA) on Usenet. Mr. Kutasi is of course the bloke who is described as a "racist, sexist, homophobic nerd" by Anarchobase, and (successfully) filed in a defamation proceeding as a former Liberal Party member. This is what Japanese sounding Mr. Kutasi wrote:
> PLEASE TAKE NOTE MR. DAVID LOVE:
> MR. DAVID LOVE: I HAVE FOUND PUBLISHED ONLINE A LIST OF PRIVATE ADDRESSES OF THE BOARD MEMBERS OF EUPA, WHICH HAVE BEEN TRACED TO AN INDIVIDUAL BY THE NAME OF STUART LOVE, WHO I ASSUME TO BE YOUR SON. PLEASE CEASE AND DESIST WITH THIS BEHAVIOUR WITH IMMEDIACY. WE HAVE TRACED THE DOCUMENT TO BEING WRITTEN BY A UNIVERSITY OF WESTERN AUSTRALIA COMPUTER, AND HAVE CONTACTED THE UWA LAW SCHOOL FOR FURTHER INFORMATION. WE HAVE ALSO NOTIFIED THE LAW SOCIETY OF WESTERN AUSTRALIA AND WA POLICE FORCE.
> YOUR ANIMOSITY TOWARDS NECA IS ENOUGH. WE ARE ALREADY AWARE OF BOTH YOU AND MR JOE FIALA'S NARCISSISTIC DESIRE TO CAUSE MAXIMAL DAMAGE TO THE NECA BRAND. WE ARE WELL AWARE OF YOUR ATTEMPTS TO BULLY GORDON DUFFY AND GARY FITZGERALD FROM THE DTWD TO NOT ASSIGN CONSTRUCTION -TC THE ELECTROTECHNOLOGY PORTFOLIO, DESPITE YOUR ORGANISATION'S INABILITY TO PROVIDE ANY POSITIVE REPRESENTATION FOR THE SECTOR IN THE PAST SEVERAL YEARS, APART FROM YOU AND MR JOE FIALA'S NARCISSISTIC DESIRE FOR POWER.
> ALTHOUGH WE UNDERSTAND YOU ARE DYING OF CANCER - PLEASE DEAL WITH IT WITHOUT RESORTING TO NARCISSISTIC ATTEMPTS TO HURT OTHERS AROUND YOU. IF YOU SUFFER FROM MENTAL HEALTH ISSUES, E.G. NARCISSISTIC PERSONALITY DISORDER - PLEASE SEE A PSYCHIATRIST. DON'T CAUSE US AND OTHER EUPA PARTNERS ANY MORE PAIN.
> PS: PLEASE NOTE THAT RAY HARRIS WILL BE COMING OFF THE EUPA BOARD
> THANK YOU.
> WRITTEN FOR
> KYLE KUTASI
> THE NECA TEAM
This was followed by a posting of all of the EUPA Board's contact details as political sabotage:
> David Gordon Love [Executive Director]
> Deborah Mavis Love
> Erika Love
> Stuart Love
> 146 Gildercliffe St, Scarborough WA 6019
> ---
> Kevin John Peachey [Project Officer]
> Michael John Peachey
> Rita Ann Peachey
> 35 Clarkson Rd, Bullsbrook WA 6084
> ---
> Serena Jane Panas [Administration]
> 50 Casilda Rd, Duncraig WA 6023
> ---
> Joe Daniel Fiala [Chairperson]
> Allison Faye Fiala
> 10 Macalister Gdns, Mirrabooka WA 6061
> ---
> Gerald Brian Upham [Union representative]
> Frederick Gerald Upham
> 11 Halwest Way, Alexander Heights WA 6064
> ---
> Harry McDonald [Electrical]
> Carmen Marie Mews
> 3 Rainer Mews, Willeton WA 6155
> ---
> John Phillips [Local government]
> ---
> Kevin Francis Poynton [Waste management]
> 68a Alderbury St, Floreat WA 6014
> ---
> Kim Schofield [Public sector]
> ---
> Neil Hooley [Water]
> 38a Raleigh Rd, Sorrento WA 6020
> ---
> Ray Harris [Electrotechnology]
> ---
> Toni Beverley Walkington [Public sector]
> 197 Washington St, Victoria Park WA 6100
> ---
> Gary Fitzgerald [DTWD]
> ---
> Geoffrey Thomas Wrigley [Oil & gas]
> Cheryl Anne Wrigley
> 7 Mayor Rd, Coogee WA 6166
> ---
> Kay Lesley Gerard
> 38b Pearl Rd, Cloverdale WA 6105
> Gordon Duffy
> Gabriella Duffy
> 20 Burragah Way, Duncraig WA 6023
A female user named Hilary then responded:
> It's hilarious how if you search for "Joe Fiala CEPU" on Google
A male, Gordon then comments:
> "David Love is a psychopath. This guy has some sort of serious narcissistic personality disorder."
> Then a lady named Beck responds:
> "People like David Love who are dying of cancer - do tend to behave narcissistic - didn't you know? Psychology 101. Cancer tends to bring out the psychotic sides of a person's character. Mr. Love would be a classical example, perhaps."
Finally, a user named Jane then states:
You should check out JOO/GCLM/4/2012 filed with the Magistrates Court of Western Australia on January 3, 2012. Doesn't exactly paint Mr. David Love in the brightest light:
> 1 Mr. Love stated on Dec/2 he wouldn't receive/pay for $14,896 services left on 0.5yr research contract (Aug/22-Feb/24), since:
> 1.1 "Casual employment" allowed for cessation whenever: Mr. Love failed to comply with ATO requirements for "casual employee" treatment, hence this point was rescinded.
> 1.2 There'd been insufficient quality of work: Quality of work similarly rescinded based on reference amount, length of document, originality of information, appraisals from other TC's.
> 2 In a surprise jab, reasons in conciliation were altered to "unethical, if not illegal" conduct, later explained to be use of proprietary university databases to conduct private work.
> 2.1 WAIRC fees (29.6km * 2 @ $0.63 / km (ATO)=$37.30, and $50 application fee = $87.30) asked for in addition due to lack of want to conciliate in good faith, and "put all cards on table". Respondent claimed this was apart of his "legal strategy".
> 2.2 Advised Respondent contemporaneously in conciliation "proprietary database" used datasets created by self; and no resources were used of the University's to conduct work.
> 2.3 Mr. Love is aware of Uni contacts because he asked to apply for an Australian Research Council grant. Mr. Love discarded the grant application before any serious work was actually done.
> 2.4 Although Mr. Love knew university resource not used to conduct work, when faced with difficulty finding data in public admin, Mr. Love requested their "database" use, because "that's what I want - I don't care how you get it - just get it".
Mr. Love is being sued for $15,242.40 in total. I smell bankruptcy here?
I contacted the WAIRC (raised in 2.1) for more information, and they directed me to case No. U 199 of 2011:
> I (Jeremy) worked for the EUPA Training Council (which primarily reports to the Department of Training and Workforce Development DTWD, and is of ABN 76 710 050 832 ELECTRICAL UTILITIES AND PUBLIC ADMINISTRATION TRAINING COUNCIL INC) as a researcher, beginning Monday 22 August 2011, intended until Friday 24 February 2012, pending a one month probationary period remunerated at $35/hr, paid fortnightly, with the employment offer delineated it "equates approximately $69,000 per annum". On successful completion, this hourly rate was boosted to $40/hr. This employment ceased after being dismissed at approximately 9:20am on Friday December 2 2011.
> Dismissal was on the grounds, as delineated on Friday December 2:
> - Work done was "unusable" and that the Managing Director had paid the "best part of twenty thousand dollars" for "nothing": In response, I (Jeremy) suggested that non-delivery was not possible, because checks were made in the first week essentially every second day; and subsequently, every week, along with fortnight submissions. If the MD was disappointed with the result, that the onus was on him to ensure the requisite quality was met, and instruction given earlier to remedy.
> - That "when requested a wall to be painted in green, received a red wall instead", in particular, development of such tools as the web site, in lieu: In response, I (Jeremy) delineated, and came to agreement with the MD, that the e-scan had been "completed" for the electrotechnology, electricity supply, gas supply, waste, water, and local government - and that the shortfall, was only for corrective services, public safety, and public sector - of which I was asked by the MD specifically to spend 1 day on, and hence the quality of those sections reflected the singular day effort. On the following Monday 28 November, I approached the MD to obtain a clarification given the inconsistency from the completion of the various e-scans and the "you've given me nothing", with the MD stating that on Thursday, he intentionally delayed a while before speaking to me, because he understood he was "angry", and that with several points, he had "retreated" - with the exception of the three e-scans (below).
> - That even the three documents produced over my (Jeremy's) weekend "wasn't what I [David] wanted": Although my (Jeremy) copy was asked to be deleted by the MD, we desire to obtain discovery of these documents, which would tend to show that the quality of the work, met, if not exceeded that, of work over the weekend (which is unpaid for, and further to the required work) - with appropriate referencing, gathering of secondary data facts, and prima facie analysis.
> - Publishing changes on the web site without prior approval: I (Jeremy) have obtained permission, asked, but on numerous occasions, the MD has forgotten that approval was given (or it was given without him knowing what the consequence was). Commonly, prior discussions later raised with the MD, would be responded in "no, I don't remember - could you refresh my memory?", which goes to propensity to recount facts correctly. In any circumstance, this is just a minor misunderstanding, and doesn't warrant the termination of contract.
> - That the terms of "casual employment" are such that, the Managing Director, can, at his own discretion, terminate the employment at his own will: My response to him was that I had felt "exploited" as a result of not knowing what "casual employment" constituted. However, the terms of employment were delineated as between a fixed period (Monday 22 August 2011 - Friday 24 February 2012, for 26 working weeks), with the "maximum 38 hour working week" delineated by the MD as meaning "that's all I [David] can pay you; you can work more, but that's up to you". Furthermore, if the employment agreement was such that the termination could occur at any time, the "probationary period" thus becomes moot, and could constitute a misleading and deceptive clause of agreement (and its presence suggests that termination can only be made during the probationary period). It is also notable, following the probationary period, remuneration was bumped up from $35/hr (+9%) to $40/hr.
> - That the "contractual" arrangement had no veracity, as a result of the fact that it wasn't written: This is a question of law that is disputed, as being wrong.
> Prior, on Thursday November 24, the Managing Director requested my pay check to not be put through on Wednesday November 23, which was reinstated on Friday November 25. On Thursday November 24, the MD brought up:
> - Utilizing organizational time to do other organization's work: The response provided was that this was based on hearsay evidence from a colleague, and that direct evidence would tend to directly contradict this (namely, that an employee, if desiring to work on another organization's work, wouldn't tend to turn the direction of the computer screen, as to be directly in view of a person who walked into the room). It is believed, given the MD hadn't raised prior issues with me, and that the first time he did was on Thursday November 24, that this fact lies, within his interpretation, as the pinnacle issue; given that I'd departed the organization at Wednesday November 23 at 4.30pm, and that only Kevin (my colleague) and the MD discussing were the only between events.
> - That he had an issue with the level of noise: After conferring with Kevin (colleague), it was decided that this was likely due to a single conversation (in particular), several weeks ago, which was directly work related, although "didn't seem to be going anywhere". On Monday, 28 November, Kevin brought up that he had been disappointed about the lower levels of conference, and that he had hoped the workplace could still involve chitter chatter to "make the workplace fun".
> - That the work could not be understood by stakeholders, as it contained jargonacious and loquacious language: Of which I (Jeremy) responded that I would work on between Tuesday November 29, and intended on submitting on Friday December 2. This was never even read.
> I (Jeremy) also brought up, in response, contemporaneously in response to being dismissed, on Friday December 2:
> - That I (Jeremy) felt there had been a history with the employer (David Love), given that the person I was replacing (Lee Pritchard), also underwent a "forced resignation" (as delineated by Kevin), suggesting that the employer think about reaching an amicable solution rather than resolving to the courts.
> I (Jeremy) am seeking for compensation of and/or reinstatement of employment for the remaining months. The pay check is up to date until November 23. Including the Christmas exclusion of December 23-January 3, is $3,040 due December 7, $3,040 due December 21, $912 due January 4 (pro rata for 3 days, December 22, January 3 and 4), $3,040 due January 18, $3,040 due February 1, $3,040 due February 15, and $608 due February 17 (pro rata for 2 days). This amounts to $16,720.
> The payable amount from Fri 25/11 to the end of contract is $14,896.1 The defendant (Mr. David Love) contests that as a result of the word "casual", the contractual arrangement can be broken at any time. The plaintiff argues that the arrangement was contractual, and there is thus breach of contract. Even if it is construed there is casual employment, it is argued that simply delineating the words "casual" doesn't mean a worker doesn't have the right to expectation of continued employment, where delineated, and can be demonstrated by constructive facts.
> The WAIRC filing undertakes the defendant's (David) assumption employment was casual (as stated on Fri 2/12). The right is reserved to dispute this classification. The plaintiff is willing to accept this point uncontested, such that the WAIRC is directed employment was contractual, and thus ultra vires to its jurisdiction. The matter can then be contested in Court for contractual breach. Where contest is made employment was casual, WAIRC costs will be requested.
> Kindly requested is also that non-disputed facts are agreed to:
> - Monday, 15 August 2011
> Advertised job on Seek.com.au that requested for a worker with an "ABN" (showing intent to contract)
> Job interview, followed with acceptance. Asked if prefer contract or employee, replied don't mind, [David] responded am able to offer better rate with contract, but can't offer long service leave, sick leave (never noting discrepancy was that casual employment - or at that point, contract, could involve early at-whim dismissal). Asked if had ABN, replied not, but would obtain one. Stated would start on casual employee, and change to contract as necessary. Job offer sent via e-mail, accepted by telephone call back. Never billed as casual, super not paid into superannuation account, PAYG payroll tax not withheld, did not provide pay slips, did not deduct student loan repayments, TFN not filed with ATO, only 4 invoices issued over contracting period - all showing intention to contract.
> Requisite standard of recent university graduate, non- specialized knowledge within industries, well known (and later confirmed within your knowledge, on Thursday, November 24)
> - Monday, 22 August 2011
> Start of job, with intended finish date of Friday 24 February, delineated as "26 working weeks".
> Asked on Monday, with regard to what "maximum 38 hour working week meant", noting concern it seems to mean can be offered no hours, and hence paid for less than 38 hours; response delineated, as meaning "you can work more than 38 hours, but that's all I can pay you for"
> - Monday, 22 August 2011 to Friday, 2 September 2011
> 2-week completion and check for the electricity supply e-scan. The amount of $1,824 ($16,720-$1,824=$14,896) was invoiced until Thu 1/12.
> - Monday, 5 September 2011 to Friday, 16 September 2011
> 2-week completion and check for the gas supply e-scan
> - Friday, 16 September 2011
> Discoverable evidence showing bill on 16/9 for electricity supply and gas supply e-scans
> - Monday, 19 September 2011
> Review of performance, along with upgrade of remuneration from $35/hr to $40/hr
> - Monday, 19 September 2011 to Friday, 23 September 2011
> 1-week work on electro technology e-scan
> - Monday, 26 September 2011 to Wednesday, 28 September 2011
> 3-day completion for the center of excellence non-e- scan work task
> - Wednesday, 28 September 2011
> Discoverable evidence showing bill on 28/9 for electro technology e-scan and center of excellence work task
> - Thursday, 29 September 2011 to Thursday 6 October 2011
> 1-week extra work for 2-week completion on electro technology e-scan. "Full two weeks" was designated despite small sector, to pursuing overturning DTWD opinion on antagonistic organization, NECA (a competitor)
> - Friday, 7 October 2011
> 1-day work on public sector, public safety, local government and corrective services. It is notable these 4 sectors were never billed.
> - Wednesday, 12 October 2011
> Discoverable evidence showing bill on 12/10 for electro technology e-scan
> - Monday, 10 October 2011 to Friday, 21 October 2011
> 2-week completion of waste sector
> - Monday, 24 October 2011 to Friday, 4 November 2011
> 2-week completion of water sector
> - Wednesday, 9 November 2011
> Discoverable evidence showing bill on 9/11 for waste and water e-scan
> - Monday, October 31 2011
> Deadline for the executive summaries by DTWD, which should have tended to have been based on the e-scans produced (but yet, no disapproval expressed yet)
> - Monday, 7 November 2011
> Advised final completion of all e-scans
> - Monday, 7 November 2011 to Tuesday, 22 November 2011
> 2-week review of work (as requested), and to ensure "yellow tab" changes was included. Asked on Monday 14 November, "do you really have nothing to do?" and answered "am going through work to review, but likely, better use of time once the workforce development plan is completed".
> - Wednesday, 23 November 2011
> Earliest notification of issue, in relation to the lack of delineation of "how big, how large" sectors are, though after agreeing these had all been contained for electro technology, gas, waste, water, and local government - was actually only lacking for local government (and unnecessary in public sector, public safety and corrective services) - for which 1 day was spent on.
> Although it can be argued, due to busyness, Wednesday, 23 November 2011 was the first time David actually reviewed work; this is five business days off from the DTWD deadline.
> - Wednesday, 23 November 2011 to Friday, 25 November 2011
> 3-day completion of local government e-scan. It is notable local government was never shown on a bill.
> - Wednesday, 23 November 2011
> Discoverable evidence showing bill on 23/11 for public sector e-scan. It is notable this wasn't put through, until Friday November 25, which may possibly be seen as unconscionable conduct.
> - Wednesday, November 23
> Had amicable conversation with David before leaving. Only discussion David had in between was with colleague (Kevin Peachey). Kevin recalls conversation causing anger was likely relating to reference made to questions asked with regard to a research "system" (which I subsequently explained I developed over a single weekend, with only a few hours).
> - Thursday, November 24
> Was advised is angry in the morning, several hours later, am asked immediately "how much of this is EUPA's work - and how much of this is other's work?" Told is disgruntled by work (coming as a surprise, though reference to earlier conversation is made). Though settled e-scan is there for all sectors, except public sector, public safety and corrective services
> - Friday, November 25
> 1-day and weekend completion of the 3 e-scans for public sector, public safety and corrective services
> - Monday, 28 November 2011
> After having a discussion, where David recalls being angry, come to amicable recognition e-scan is there; only need is to simplify English to reduce loquacious language.
> - Monday, 28 November 2011 to Thursday, December 1 2011
> Simplified English. It is notable this remedial work was never received or analyzed.
> - Thursday, December 1 2011
> Received call for need to come in and talk about "what you're [Jeremy] doing for us"
> - Friday, December 2 2011
> Termination of employment at 9.20am, along with hand back of keys
> - Friday, February 24 2012
> Intended completion date
> Facts that are suggested to be agreed upon, as inferred from the timeline, are:
> - Work has been completed in a tight deadline, with 5 e-scans completed within 2 weeks each, an e-scan and report produced in 3 days each, and 3 e-scans produced all within a 2 day period
> Disputed questions of law:
> - Whether casual employment (simply by way of the term being enlisted) affords the reasonable right of ongoing employment for the fixed term, if expressly stipulated
> - Whether it is lawful to state that a fixed agreement is "casual", given that the standard definition of "casual" is employment on an irregular basis, with no set roster or routine, only retained on an as needs basis. Factors that point to non-casual employment include:
> o Numbers of hours work per week is 38 hours, full time o A roster system is not published in a week advance
> o The employment pattern is regular and systematic
> o Reasonable expectation of continued employment
> o Employer requires notice of absence
> o Starting and finishing time was designated at 9am to 4.30pm
> - Whether the employment capacity can be considered casual, if superannuation was not paid to a superfund, taxation obligations were not upheld by "employer", monies was paid to a corporate (not personal) account
> - Whether an orally agreed to contractual employment arrangement, can constitute a legal agreement
> - Whether estoppel can permit the contractual arrangement to be expressly stated by the court, as a result of constructive reliance on such agreement
> Disputed questions of fact:
> - Whether the quality of the work met the requisite standard that would be reasonably expected of an employee, of the same caliber
> o Will be argued consideration should be given to the number of references given, the length of documents, the originality of information (i.e. not plagiarized)
> o Will be argued that the quality of work by the other training councils should provide indicia of what is reasonable
> o Will be argued that statements of other training councils, notably, Jane Piercy (RAPS T/C)'s "wow", and comment that the work had been completed (1) so quickly; (2) with such rigorous referencing; and (3) in such stylish design; noting that it took her T/C 4 weeks in 2010 to develop each e-scan, though an entire team of 3 people were working on it
> - That there was never intention of employment beyond 3 months, but that, delineation of this on Seek.com.au and/or the job offer, would have caused a reasonable person to turn down the offer
Electrotechnology: Maurice Graham, Peter Parry, Francis Feldman, Michael Costello, Clinton McAlister, Lynne Austin, Rene Nikolic, Catherine Scarth, Shirley Good, Stephen John Balch, Jan Winch, Kyle Probert, Narelle Millar, Phillip Reed, Jason Kiekebosch, Lindsay Philip O'Sullivan, Katrina Fhihpei Lim, Geoff Newcombe, Heather Chand, Sandra Langford, Brendon Croft, Joanne Prunnell, Ruth Garner, Rolfe Brimfield, Kathy Browne, Aaron Russell, Rod Wilkinson, Marion Kenepeti-Edwards, Harpreet Dhillon, Bernie Riordan, Alan Klemm, Juraj Krajcovic, Alison Cowie, Terry O'Hanlon-Rose, Belinda Cunningham, Ian McCabe, Alan Fealy, Lauren Mills, Val Llewellyn, Jillian Rowe, Jatinder Ahuja, Maria Simpson, Jamie Eckett, Dale Pearce, David Lane, Darrel Vecchio, John Maddock, Sharon Griffiths, Stephen Cook, Sandy Toohey, Tiga Bayles, Mike Scott, Roger Ferrett, Adrian Marron, Carolyn Grayson, Shailendra (Nick) Kumar, Philip Mason, Patrick McKendry, Keomany Khounthavong, Jim Fenoughty, Karen Thornham, Peter Whitley, Tony McGrath, Neil Fernandes, Ros Howell, Ben Bardon, David Hill, Peter Taylor, Karin Berschl, Paul Tymensen, Stephen Pike, Liz Harris, Pamela Vlajsavlejich, John Hassed, Samantha Thompson, Maria Peters, Helen McNamara, Chris Williamson, Sherilyn Pitt, Mark Olson, Colleen Schirmer, Geoff Hender, Kirsten Thamerus, Gareth Talamini, David Richards, Jacqueline Elizabeth King, Brett Hanan, Annaliesje Hartley, Jin Heung Yang, Narayan Tiwari, Milton Cujes, Cameron Russell, Melissa Hawley, David Corry, Debbie Lee Payne, Ruth Shean, Phil De Garis, Tracey Woods, Bert Beevers, Terry Croft, Paul Egan, Phil Roberg, Peter Heilbuth, Catherine Brigg, Malcolm Richards, Veronica Mauri, Grant Roe, Peter Walker, Jeffrey Alan McRobb, Vince Graham, David Morrison, Bernard Van Den Bergen, Vicki Kerle, Lindsay Baxter, Noel Frappell, Stephen MacKay, Caroline Smith, Katrina Mitchener, Lynne Knop, Mulligan Mark, Nicholas Blanch, Robert Ian Miles, Jennifer Cook, Thea Kamvissis, Jacqueline Elizabeth King, Victoria Zhou, Kevin Kennedy, Phil Backman, Susan Neill, Alan Wallace, Rohan Cresp, Kasey Morgione, Robert Fuller, Kevin Barnes, Ann Holcombe, Peter Gallagher, Phillip Nankervis, Bruce Mackenzie, Mary Faraone, John Lyall, Michelle Fallon, Brenda Walker, Trish Edwards, Derek Scott, Hannah Gordon, Lidia Rozlapa, Loryn Green, Paul Culpan, Glenda Michelini, Grant Sutherland, Sue Grayson, Aaron Devine, Bernadette Favis, Jason Gautreaux, Chris Parish, Justin Wheeler, Joe Harry Richardson (Jnr), Jeffrey Ronald Strath, Trevor Torrens, Anne Tracy, Ray Griffiths, Genevieve Kelly, Stephen Schofield, Paul Richardson, Rob Imber, Mal Burton, Ros Leslie, Pauline Johnson, Geoff Herben, Elizabeth Davidson, Leonard Mountford, Patricia Mountford, Robert Brian Hensel, Mary Gates, Ken Gardner, Kim Harris, David Windridge, Myree Russell, Uckhan Chun, Erica Sohn, Colin Weil, David Royle, Stephen Conway, Denise Janek, Robyn O'Brien, Geoffrey Topham, Stephanie Sweeting, Mark Widdison, Sam Zacha, Angie Askew, Joseph Reither, Kaye Reither, Robert Cameron, Cameron Lloyd, Lindsay LeCompte, Karen Grono, Michael Bisset, Stephen Sterling, Frederick Clarke, Bryan Timms, Raffaela Galati-Brown, Nadia Tomarchio, Brian MacDonald, Vaneer Randhawa, Satish Madaan, Bradley Evans, Rovel Shackleford, Paul Morris, Lyn Farrell, Raji Ravichandran, Michael Boyce, Annette Turner Duggan, Robert Plumpton, Lesley Plumpton, Wayne Collyer, Murray Warren, Peter Fisher, Daniel McGuire, Therese McCallum, John Frederick (Laurie) O'Donoghue, Tina Cook, Rupert Badcock & Ms Vikki Pickering, Vikki Pickering, Ralph Keegan, Melissa Kahn, Bevan Ramsden, Sheryl Ramsden, Maxwell Shaw, Michael Phillips, Joe Pollock, John Fysh, Captain Michael Hickey, LCDR Dean Manning, Stephen Connelly, John Barnes, John Eckel, Ken Every, Paul Edginton, Mark Gorringe, Robert Fuller, Greg Muller, Joe Piper, Amanda Hennessy, Wendy Burns, Yvette Chapman, Vincent Feeney, Barry Campbell, Annaliesje Hartley, Ryan Hartley, Alan Barker, Win Scott, Marion Wilson, Sean Segond von Banchet, Timothy Mcmahon, Inta Blake, Linda Brown, Keri Bailey, Trevor Conquest, Phil Cox, Rosemary Isedale, Susan Gronow, Paul Callaghan, Pat Walls, Elizabeth McGregor, Andrea Aloise, Kevin Harris, Jeff Oates, Francesca Saccaro, Cecelia Cilesio, Graeme Stuchbery, Bev Fischer, Cheng Sim, Jessica Fletcher, David Riordan, Susan Stewart, Catherine Baxter, Katrina Jay, Robert Logan, Conrad Webb, Paul Murphy, Kevin Hyland, Keith Wenn, Jane Allwright, Malcolm White, Kim Foss, Graeme Downing, Fiona Munro, Thomas Petterson, Julie Hyde, Anthony Roberts, Daren Horwood, Sadhona Malakar, Diarmuid O'Riordan, Joanne Hammond, Sam Greer, Geoffrey Hodgson, Lauren Pole, Pradeep Kumar Mendiratta, Peter Turner, Petty O'Loughlin, Anne Wenham, Tony Winter, Terry Lloyd, Valma Ffrost, Anne Jones, Jane McLennan, Genevieve Simson, Glenn Leyland, Greg Mitchell, Fiona Bush, Ross Hepworth, Kirsti Kee, Robert McAulay, Lisa Herman, Nigel Hill, Ann-Marie Chapman, Trevor Schwenke, Joann Pyne, Sue Yang, Paul Sutcliffe, Mary Campbell, Susan Newey, Kaylene Harth, Karen Berkley, Sue Jamieson, Anthony Paul McKewin, Sue-Ellen McKewin, Sue Slavin, John Bate, Kerryn Laurance, Lucy Mountford, Nicholas Hunt, Frances Lamb, Michael O'Loughlin, Chris Logue, Jan Robinson, David West | 370 Degrees Group Limited, NECA Skills Centre, Accell Pty Ltd, ActewAGL Distribution, Actew Distribution Limited and Jemena Neworks (ACT) Pty Ltd, ActewAGL Distribution, Alinta GCA Pty Ltd, Adelaide Training and Employment Centre Inc, ATEC - Adelaide Training and Employment Centre, Adult Multicultural Education Services - AMES, Advanced Training International Inc, Allan Probert Training Pty Ltd, APT Training NSW, Alstonville Adult Learning Association Inc, Alstonville-Ballina Community College, Appliance Testing Supplies Pty Ltd, Test and Tag Training, Apprenticeships Australia Pty Ltd, Industrial Training Institute, Association of Independent Schools NSW, ATC Western Sydney Ltd, TechWest Sydney, Aurecon Australia Pty Ltd, Aurora Energy Pty Ltd, Aurora Energy Training, Australia National Institute of Business Pty. Ltd., Australian Electrotechnology Industry Training Centre Ltd, The, Electrotech Skills Centre, Australian National Institute of Business & Technology Pty Ltd, Australian Online Institute Pty Ltd, AOI Institute, Australian Trade Training College Ltd, Australian Trades College (WA) Limited, Australian Vocational Education College Pty Ltd, Five Star Training, Axial Training Pty Ltd, Ayurveda Awareness Centre Pty Ltd, Project Management Vision, Bendigo Regional Institute of TAFE, Bendigo Senior Secondary College, BIZMATRIX Pty Ltd, Box Hill Institute of TAFE & Box Hill Institute, Box Hill Senior Secondary College, Brisbane Indigenous Media Association Inc, TRIPLE A TRAINING, Cambridge International College (Vic) Pty Ltd, Canberra Institute of Technology, Canterbury Technical Institute Pty Ltd, Careers Australia Institute of Training Pty Ltd, Careers Australia Institute of Business, Careers Australia Institute of Hospitality, Catholic Church Endowment Society Inc, MTC Training, Central Gippsland Institute of TAFE, Central Institute of Technology, Central West Group Apprentices Ltd, Skillset, Central West Group Apprentices Ltd, Centre for Appropriate Technology Inc (CAT), Chalcedony Investments Pty Ltd, Interlink Training, Challenger Institute of Technology, Charles Darwin University, Chisholm Institute of TAFE, Chisholm Institute, CHRIS WILLIAMSON & ASSOCIATES (QLD) PTY LTD, Queensland Electrical Training, CKI Utilities Development Ltd / HEI Utilities Development Ltd / Spark Infrastructure SA (No1) Pty Ltd / Spark Infrastructure SA (No2) Pty Ltd / Spark Infrastructure SA (No3) Pty Ltd, ETSA Utilities, College of Electrical Training Incorporated (CET), Competency Training Pty Ltd, Connect Assess Australia Ltd, Future Skills International, Contour Systems Pty Ltd, Cornerstone Investment Aust Pty Ltd, Australian Institute of Commerce & Language, Council of Trinity Grammar School, The, Daily Update Pty Ltd, Australian Project Management Institute, Green Skills Australia, DU English College, David J Corry, Corrindale Training, Debbie Lee Payne, Safe First Training, Department of Training and Workforce Development, Education and Training International, Down Under Training and Consulting Pty Ltd as Trustee for the Woods Trading Trust, Australian College of Further Studies, Durack Institute of Technology, E Electrical Designs Pty Ltd, Power Supply Services and Training, East Gippsland Institute of TAFE, Advance TAFE, Electrical and Communications Association Queensland, Industrial Organisation of Employers, SKILLSCONNECT AUSTRALIA, Electricity Training and Development Pty Ltd, Electro Group Training Queensland Limited, Electro-Training Institute Pty Ltd, Endeavour Energy, Energex Limited, Esitrain, Energy Skills International Pty Ltd, Energy Skills Solutions, Enersafe Pty Ltd, Engineering Institute of Technology Pty Ltd, Ergon Energy Corporation Limited, Essential Energy, Fire Skills Training Pty Ltd, Forest Hill College, Future Skills Limited, Gippsland Group Training Ltd, Apprenticeships Group Australia, Global Sustainable Energy Solutions Pty Ltd, Gold Coast Institute of TAFE, Gordon Institute of TAFE, Goulburn Ovens Institute of TAFE, Great Southern Institute of Technology, Haileybury College, Halifax Crane Hire Pty Ltd, Halifax Skilled Training, Hallam Senior Secondary College, Holmesglen Institute of TAFE, HRD Integrated Services Pty. Ltd., Hunter Trade College Ltd, Hunter Trade Training Ltd, Hunter Valley Training Co Pty Ltd, Iascend Polytechnic Pty Ltd, Inlec Training Services Pty Ltd, Institute of Automotive Mechanical Engineers Inc, International College of Environmental Sustainability Pty Ltd, J & J Wheeler Enterprise Pty Ltd As Trustee for the Wheeler Family Trust, Load Wise Australia, J & P Richardson Industries Pty Ltd, Joint Industry Services Training (RTO) Pty Ltd, Kangan Batman Institute of TAFE, Kangan Institute, Komatsu Australia Pty Ltd, KRSP Pty Ltd, Kimberley Regional Service Providers, Latrobe Lifeskills Pty Ltd, LE Industry Services Pty Ltd, LEONARD E & PATRICIA M MOUNTFORD, LPM Consulting and Training Service, Lesneh Pty Ltd, Licenced Trade Training, Master Builders Association of Victoria, Master Plumbers' & Mechanical Services Association of Australia, MEGT (Australia) Ltd, MEGT Institute, Workforce Planning Australia, Menzies Institute of Technology Pty Ltd, Milcom Communications Pty Ltd, Minister for Employment, Higher Education and Skills, TAFE SA Adelaide North Institute, TAFE SA Regional, TAFE SA Adelaide South Institute, MIPET Pty Ltd, Gnortop and Associates, MJ & TM Widdison, MOXI Pty Ltd, Nara Nominees Pty Ltd, Nara Training and Assessing, National Personnel Group Pty Ltd, National Trades Institute Pty Ltd, NECA Training Ltd, Necatec, Newmont Mining Corporation, Northern Bay P-12 College, Northern College of the Arts and Technology. Northern Melbourne Institute of TAFE, Nova International Education Pty Ltd, Nova Institute of Technology, NSW Electrical Test & Tagging Pty Ltd, Optec Pty Ltd, Paul Morris, The PM Safety Training, Pilbara Institute, Plumbing Electrical Electronic and Refrigeration Vocational Education Employment and Training Inc, PEER VEET, Plumpton Training Services Pty Ltd, Polytechnic West, Powerline Training Pty Ltd, Precept Education Pty Ltd atf Australian College of Information Technology, Australian College of Information Technology, Institute of Film & Television, Queensland Training Services Pty Ltd as Trustee for the Queensland Training Services Unit Trust, Queensland Training Services Pty Ltd, R.L Badcock & V.S Pickering, Hobart Technology, Ralglen Pty Ltd, Frontline Safety and Training Services, Ramsden Telecommunications Training Pty Ltd, Redeemer Baptist School Ltd, Hills Regional Skills Centre, The, Ringwood Secondary College, RMF Consulting Services Pty Ltd, Gippsland Safety Training Services, Royal Australian Navy, Royal Melbourne Institute of Technology, RMIT University, Scientific Management Associates (Operations) Pty Ltd, Service to Youth Council Inc, Training Prospects, Skillswest Training Co Pty Ltd, South West Institute of TAFE, South West Institute of Technology, St Joseph's College, Statewide Business Training Pty Ltd, Strategic Training Solutions Pty Ltd, Sunraysia Institute of TAFE, SvB Technologies Pty Ltd, SvB ExTech, Swan Hill College, Swinburne University of Technology, T Conquest Pty Ltd as trustee for the T Conquest Family Trust, Conquest Communications, Conquest Communication Consultants, TAFE NSW - Hunter Institute, TAFE NSW - Illawarra Institute, TAFE NSW - New England Institute, TAFE NSW - North Coast Institute, TAFE NSW - Northern Sydney Institute, TAFE NSW - Open Training & Education Network, TAFE NSW - Riverina Institute, TAFE NSW - South Western Sydney Institute, TAFE NSW - Sydney Institute, TAFE NSW - Western Institute, TAFE NSW - Western Sydney Institute, Tasmanian Polytechnic, Tasmanian Secondary Colleges, Tasmanian Skills Institute, The Skills Institute, Techserve Pty Ltd, Techserve Training and Development, TEC-NQ LIMITED, THE ASSOCIATION OF WALL & CEILING INDUSTRIES OF NSW, The Change Network Pty Ltd, The Corporation of The Trustees of The Roman Catholic Archdiocese of Brisbane, St Peter Claver College, Training and Electrical Services Pty Ltd, Transfield Services (Australia) Pty Ltd, TransGrid, True Education Pty Ltd, Technical Education Development Institute, Trustees of the Diocese of Wollongong, Catholic Education Office, Wollongong, Trustees of the Roman Catholic Church (Lismore Diocese), Catholic Education Office (Lismore Diocese), Priority One Employment & Training, University of Ballarat, Victoria University, Victoria University Secondary College, VOCATIONAL EDUCATION AND TRAINING, Mount Isa Institute of TAFE, Sunshine Coast Institute of TAFE, Central Queensland Institute of TAFE, Barrier Reef Institute of TAFE, Wide Bay Institute of TAFE, Southern Queensland Institute of TAFE, Tropical North Queensland Institute of TAFE, The Bremer Institute of TAFE, SkillsTech Australia, Metropolitan South Institute of TAFE, Vocational Education and Training Assessment Services, VETASSESS, Volt Edge Pty Ltd, Mackay Electrical Training, Melbourne Electrical Training, West Coast Institute of Training, Western Australian Institute of Technology, Perth Institute of Training, International Academy of Law Enforcement and Security, Western Power Corporation, Power Training Services WA, William Angliss Institute of TAFE, Wodonga Institute of TAFE, Worklinks Inc, Zoom Recruitment & Consulting Pty Ltd, Zoom Tec, Zoom Recruitment, Zoom Training Education and Compliance (TEC)
EUPA Training Council Budget 2011/12
(Executive Officer, 1 x Project Officer , Administrative Support)
> Income
DTWD Service Agreement - Operating Grant: $418,174.00
DTWD Curriculum Services: $20,000.00
Interest (estimate): $10,000.00
TOTAL: $448,174.00
> Predicted Expenses
Office Rent & Variables: $28,000.00
Office Expenses/Bank fees etc: $2,000.00
Electricity: $3,000.00
Telephone: $8,000.00
Subscriptions & Periodicals: $2,000.00
Photocopier & Printing: $6,500.00
Postage & Courier Costs: $1,000.00
Computer & Stationary: $5,000.00
Internet Expenses: $2,500.00
Insurances: $7,500.00
Fuel & Motor vehicle expenses: $15,000.00
Fringe Benefits Tax: $5,000.00
Parking: $1,250.00
Travel: $15,000.00
Promotion/Publications/Expo attendance: $15,000.00
Meeting & Conference expenses: $17,500.00
Professional Development: $2,500.00
Office Cleaning: $3,500.00
Security: $3,000.00
Audit Fees: $3,000.00
Book keeping assistance: $2,000.00
Salaries & Wages: $267,437.50
Superannuation: $24,069.37
TOTAL: $439,756.87
> Contingent liabilities
Motor vehicle replacement: $10,000.00
Redundancy provision : $9,423.75
Long Service Leave provision: $9,337.48
TOTAL: $28,761.23
TOTAL COSTS (Est): $468,518.10
PREDICTED LOSS: -$20,344.10
---------
EUPA Training Council Budget 2011/12
(Executive Officer, 2 x Project Officers , Administrative Support)
> Income
DTWD Service Agreement - Operating Grant: $418,174.00
DTWD Curriculum Services: $20,000.00
Interest (estimate): $10,000.00
TOTAL: $448,174.00
> Predicted Expenses
Office Rent & Variables: $28,000.00
Office Expenses/Bank fees etc: $2,000.00
Electricity: $3,000.00
Telephone: $8,000.00
Subscriptions & Periodicals: $2,000.00
Photocopier & Printing: $6,500.00
Postage & Courier Costs: $1,000.00
Computer & Stationary: $5,000.00
Internet Expenses: $2,500.00
Insurances: $7,500.00
Fuel & Motor vehicle expenses: $17,500.00
Fringe Benefits Tax: $5,000.00
Parking: $1,250.00
Travel: $18,000.00
Promotion/Publications/Expo attendance: $15,000.00
Meeting & Conference expenses: $17,500.00
Professional Development: $2,500.00
Office Cleaning: $3,500.00
Security: $3,000.00
Audit Fees: $3,000.00
Book keeping assistance: $2,000.00
Salaries & Wages: $347,437.50
Superannuation: $31,069.37
TOTAL: $532,256.87
> Contingent liabilities
Motor vehicle replacement: $10,000.00
Redundancy provision: $12,423.75
Long Service Leave provision: $12,337.48
TOTAL: $34,761.23
TOTAL COSTS (Est): $567,018.10
PREDICTED LOSS: -$118,844.10
-------
Salaries are explained here:
David Love:
- Base salary (2010/11): $116,138.38
- Increment: $11,613.84
- Leave loading: $1,719.74
- Super: $11,652.48
- TOTAL PAY: $141,124.44 <<<<<<<<<<<<<<
- RATE PER DAY: $491.35
- RATE PER WEEK: $2,456.77
Kevin Peachey:
- Base salary (2010/11): $82,800.00
- Increment: $8,280.00
- Leave loading: $1,226.08
- Super: $8,307.55
- TOTAL PAY: $100,613.62 <<<<<<<<<<<<<<
- RATE PER DAY: $350.31
- RATE PER WEEK: $ 1,751.54
Serena Panas:
- Base salary (2010/11): $48,438.00
- Increment: $4,843.80
- Leave loading: $717.26
- Super: $4,859.91
- TOTAL PAY: $58,858.97 <<<<<<<<<<<<<<
- RATE PER DAY: $204.93
- RATE PER WEEK: $1,024.65
If the David Gordon Love (EUPA Training Council) online defamation saga wasn't the huge item in Western Australian politics this week, then what was? As we all know, David Love is the bloke who made an (albeit unsuccessful) tilt with TAC auditor Helen McCarter in the business world in the early 2000's. Add to that Joe Fiala of CEPU trying to make inroads from the union, to affecting our VET education system. Talk about a power grab attempt, Mr. Fiala! But this is just the start of Mr. Love's troubles, who has for the past several years tried to defraud the Australian Taxation Office.
It all started with a posting made by Kyle Kutasi (NECA) on Usenet. Mr. Kutasi is of course the bloke who is described as a "racist, sexist, homophobic nerd" by Anarchobase, and (successfully) filed in a defamation proceeding as a former Liberal Party member. This is what Japanese sounding Mr. Kutasi wrote:
> PLEASE TAKE NOTE MR. DAVID LOVE:
> MR. DAVID LOVE: I HAVE FOUND PUBLISHED ONLINE A LIST OF PRIVATE ADDRESSES OF THE BOARD MEMBERS OF EUPA, WHICH HAVE BEEN TRACED TO AN INDIVIDUAL BY THE NAME OF STUART LOVE, WHO I ASSUME TO BE YOUR SON. PLEASE CEASE AND DESIST WITH THIS BEHAVIOUR WITH IMMEDIACY. WE HAVE TRACED THE DOCUMENT TO BEING WRITTEN BY A UNIVERSITY OF WESTERN AUSTRALIA COMPUTER, AND HAVE CONTACTED THE UWA LAW SCHOOL FOR FURTHER INFORMATION. WE HAVE ALSO NOTIFIED THE LAW SOCIETY OF WESTERN AUSTRALIA AND WA POLICE FORCE.
> YOUR ANIMOSITY TOWARDS NECA IS ENOUGH. WE ARE ALREADY AWARE OF BOTH YOU AND MR JOE FIALA'S NARCISSISTIC DESIRE TO CAUSE MAXIMAL DAMAGE TO THE NECA BRAND. WE ARE WELL AWARE OF YOUR ATTEMPTS TO BULLY GORDON DUFFY AND GARY FITZGERALD FROM THE DTWD TO NOT ASSIGN CONSTRUCTION -TC THE ELECTROTECHNOLOGY PORTFOLIO, DESPITE YOUR ORGANISATION'S INABILITY TO PROVIDE ANY POSITIVE REPRESENTATION FOR THE SECTOR IN THE PAST SEVERAL YEARS, APART FROM YOU AND MR JOE FIALA'S NARCISSISTIC DESIRE FOR POWER.
> ALTHOUGH WE UNDERSTAND YOU ARE DYING OF CANCER - PLEASE DEAL WITH IT WITHOUT RESORTING TO NARCISSISTIC ATTEMPTS TO HURT OTHERS AROUND YOU. IF YOU SUFFER FROM MENTAL HEALTH ISSUES, E.G. NARCISSISTIC PERSONALITY DISORDER - PLEASE SEE A PSYCHIATRIST. DON'T CAUSE US AND OTHER EUPA PARTNERS ANY MORE PAIN.
> PS: PLEASE NOTE THAT RAY HARRIS WILL BE COMING OFF THE EUPA BOARD
> THANK YOU.
> WRITTEN FOR
> KYLE KUTASI
> THE NECA TEAM
This was followed by a posting of all of the EUPA Board's contact details as political sabotage:
> David Gordon Love [Executive Director]
> Deborah Mavis Love
> Erika Love
> Stuart Love
> 146 Gildercliffe St, Scarborough WA 6019
> ---
> Kevin John Peachey [Project Officer]
> Michael John Peachey
> Rita Ann Peachey
> 35 Clarkson Rd, Bullsbrook WA 6084
> ---
> Serena Jane Panas [Administration]
> 50 Casilda Rd, Duncraig WA 6023
> ---
> Joe Daniel Fiala [Chairperson]
> Allison Faye Fiala
> 10 Macalister Gdns, Mirrabooka WA 6061
> ---
> Gerald Brian Upham [Union representative]
> Frederick Gerald Upham
> 11 Halwest Way, Alexander Heights WA 6064
> ---
> Harry McDonald [Electrical]
> Carmen Marie Mews
> 3 Rainer Mews, Willeton WA 6155
> ---
> John Phillips [Local government]
> ---
> Kevin Francis Poynton [Waste management]
> 68a Alderbury St, Floreat WA 6014
> ---
> Kim Schofield [Public sector]
> ---
> Neil Hooley [Water]
> 38a Raleigh Rd, Sorrento WA 6020
> ---
> Ray Harris [Electrotechnology]
> ---
> Toni Beverley Walkington [Public sector]
> 197 Washington St, Victoria Park WA 6100
> ---
> Gary Fitzgerald [DTWD]
> ---
> Geoffrey Thomas Wrigley [Oil & gas]
> Cheryl Anne Wrigley
> 7 Mayor Rd, Coogee WA 6166
> ---
> Kay Lesley Gerard
> 38b Pearl Rd, Cloverdale WA 6105
> Gordon Duffy
> Gabriella Duffy
> 20 Burragah Way, Duncraig WA 6023
A female user named Hilary then responded:
> It's hilarious how if you search for "Joe Fiala CEPU" on Google
A male, Gordon then comments:
> "David Love is a psychopath. This guy has some sort of serious narcissistic personality disorder."
> Then a lady named Beck responds:
> "People like David Love who are dying of cancer - do tend to behave narcissistic - didn't you know? Psychology 101. Cancer tends to bring out the psychotic sides of a person's character. Mr. Love would be a classical example, perhaps."
Finally, a user named Jane then states:
You should check out JOO/GCLM/4/2012 filed with the Magistrates Court of Western Australia on January 3, 2012. Doesn't exactly paint Mr. David Love in the brightest light:
> 1 Mr. Love stated on Dec/2 he wouldn't receive/pay for $14,896 services left on 0.5yr research contract (Aug/22-Feb/24), since:
> 1.1 "Casual employment" allowed for cessation whenever: Mr. Love failed to comply with ATO requirements for "casual employee" treatment, hence this point was rescinded.
> 1.2 There'd been insufficient quality of work: Quality of work similarly rescinded based on reference amount, length of document, originality of information, appraisals from other TC's.
> 2 In a surprise jab, reasons in conciliation were altered to "unethical, if not illegal" conduct, later explained to be use of proprietary university databases to conduct private work.
> 2.1 WAIRC fees (29.6km * 2 @ $0.63 / km (ATO)=$37.30, and $50 application fee = $87.30) asked for in addition due to lack of want to conciliate in good faith, and "put all cards on table". Respondent claimed this was apart of his "legal strategy".
> 2.2 Advised Respondent contemporaneously in conciliation "proprietary database" used datasets created by self; and no resources were used of the University's to conduct work.
> 2.3 Mr. Love is aware of Uni contacts because he asked to apply for an Australian Research Council grant. Mr. Love discarded the grant application before any serious work was actually done.
> 2.4 Although Mr. Love knew university resource not used to conduct work, when faced with difficulty finding data in public admin, Mr. Love requested their "database" use, because "that's what I want - I don't care how you get it - just get it".
Mr. Love is being sued for $15,242.40 in total. I smell bankruptcy here?
I contacted the WAIRC (raised in 2.1) for more information, and they directed me to case No. U 199 of 2011:
> I (Jeremy) worked for the EUPA Training Council (which primarily reports to the Department of Training and Workforce Development DTWD, and is of ABN 76 710 050 832 ELECTRICAL UTILITIES AND PUBLIC ADMINISTRATION TRAINING COUNCIL INC) as a researcher, beginning Monday 22 August 2011, intended until Friday 24 February 2012, pending a one month probationary period remunerated at $35/hr, paid fortnightly, with the employment offer delineated it "equates approximately $69,000 per annum". On successful completion, this hourly rate was boosted to $40/hr. This employment ceased after being dismissed at approximately 9:20am on Friday December 2 2011.
> Dismissal was on the grounds, as delineated on Friday December 2:
> - Work done was "unusable" and that the Managing Director had paid the "best part of twenty thousand dollars" for "nothing": In response, I (Jeremy) suggested that non-delivery was not possible, because checks were made in the first week essentially every second day; and subsequently, every week, along with fortnight submissions. If the MD was disappointed with the result, that the onus was on him to ensure the requisite quality was met, and instruction given earlier to remedy.
> - That "when requested a wall to be painted in green, received a red wall instead", in particular, development of such tools as the web site, in lieu: In response, I (Jeremy) delineated, and came to agreement with the MD, that the e-scan had been "completed" for the electrotechnology, electricity supply, gas supply, waste, water, and local government - and that the shortfall, was only for corrective services, public safety, and public sector - of which I was asked by the MD specifically to spend 1 day on, and hence the quality of those sections reflected the singular day effort. On the following Monday 28 November, I approached the MD to obtain a clarification given the inconsistency from the completion of the various e-scans and the "you've given me nothing", with the MD stating that on Thursday, he intentionally delayed a while before speaking to me, because he understood he was "angry", and that with several points, he had "retreated" - with the exception of the three e-scans (below).
> - That even the three documents produced over my (Jeremy's) weekend "wasn't what I [David] wanted": Although my (Jeremy) copy was asked to be deleted by the MD, we desire to obtain discovery of these documents, which would tend to show that the quality of the work, met, if not exceeded that, of work over the weekend (which is unpaid for, and further to the required work) - with appropriate referencing, gathering of secondary data facts, and prima facie analysis.
> - Publishing changes on the web site without prior approval: I (Jeremy) have obtained permission, asked, but on numerous occasions, the MD has forgotten that approval was given (or it was given without him knowing what the consequence was). Commonly, prior discussions later raised with the MD, would be responded in "no, I don't remember - could you refresh my memory?", which goes to propensity to recount facts correctly. In any circumstance, this is just a minor misunderstanding, and doesn't warrant the termination of contract.
> - That the terms of "casual employment" are such that, the Managing Director, can, at his own discretion, terminate the employment at his own will: My response to him was that I had felt "exploited" as a result of not knowing what "casual employment" constituted. However, the terms of employment were delineated as between a fixed period (Monday 22 August 2011 - Friday 24 February 2012, for 26 working weeks), with the "maximum 38 hour working week" delineated by the MD as meaning "that's all I [David] can pay you; you can work more, but that's up to you". Furthermore, if the employment agreement was such that the termination could occur at any time, the "probationary period" thus becomes moot, and could constitute a misleading and deceptive clause of agreement (and its presence suggests that termination can only be made during the probationary period). It is also notable, following the probationary period, remuneration was bumped up from $35/hr (+9%) to $40/hr.
> - That the "contractual" arrangement had no veracity, as a result of the fact that it wasn't written: This is a question of law that is disputed, as being wrong.
> Prior, on Thursday November 24, the Managing Director requested my pay check to not be put through on Wednesday November 23, which was reinstated on Friday November 25. On Thursday November 24, the MD brought up:
> - Utilizing organizational time to do other organization's work: The response provided was that this was based on hearsay evidence from a colleague, and that direct evidence would tend to directly contradict this (namely, that an employee, if desiring to work on another organization's work, wouldn't tend to turn the direction of the computer screen, as to be directly in view of a person who walked into the room). It is believed, given the MD hadn't raised prior issues with me, and that the first time he did was on Thursday November 24, that this fact lies, within his interpretation, as the pinnacle issue; given that I'd departed the organization at Wednesday November 23 at 4.30pm, and that only Kevin (my colleague) and the MD discussing were the only between events.
> - That he had an issue with the level of noise: After conferring with Kevin (colleague), it was decided that this was likely due to a single conversation (in particular), several weeks ago, which was directly work related, although "didn't seem to be going anywhere". On Monday, 28 November, Kevin brought up that he had been disappointed about the lower levels of conference, and that he had hoped the workplace could still involve chitter chatter to "make the workplace fun".
> - That the work could not be understood by stakeholders, as it contained jargonacious and loquacious language: Of which I (Jeremy) responded that I would work on between Tuesday November 29, and intended on submitting on Friday December 2. This was never even read.
> I (Jeremy) also brought up, in response, contemporaneously in response to being dismissed, on Friday December 2:
> - That I (Jeremy) felt there had been a history with the employer (David Love), given that the person I was replacing (Lee Pritchard), also underwent a "forced resignation" (as delineated by Kevin), suggesting that the employer think about reaching an amicable solution rather than resolving to the courts.
> I (Jeremy) am seeking for compensation of and/or reinstatement of employment for the remaining months. The pay check is up to date until November 23. Including the Christmas exclusion of December 23-January 3, is $3,040 due December 7, $3,040 due December 21, $912 due January 4 (pro rata for 3 days, December 22, January 3 and 4), $3,040 due January 18, $3,040 due February 1, $3,040 due February 15, and $608 due February 17 (pro rata for 2 days). This amounts to $16,720.
> The payable amount from Fri 25/11 to the end of contract is $14,896.1 The defendant (Mr. David Love) contests that as a result of the word "casual", the contractual arrangement can be broken at any time. The plaintiff argues that the arrangement was contractual, and there is thus breach of contract. Even if it is construed there is casual employment, it is argued that simply delineating the words "casual" doesn't mean a worker doesn't have the right to expectation of continued employment, where delineated, and can be demonstrated by constructive facts.
> The WAIRC filing undertakes the defendant's (David) assumption employment was casual (as stated on Fri 2/12). The right is reserved to dispute this classification. The plaintiff is willing to accept this point uncontested, such that the WAIRC is directed employment was contractual, and thus ultra vires to its jurisdiction. The matter can then be contested in Court for contractual breach. Where contest is made employment was casual, WAIRC costs will be requested.
> Kindly requested is also that non-disputed facts are agreed to:
> - Monday, 15 August 2011
> Advertised job on Seek.com.au that requested for a worker with an "ABN" (showing intent to contract)
> Job interview, followed with acceptance. Asked if prefer contract or employee, replied don't mind, [David] responded am able to offer better rate with contract, but can't offer long service leave, sick leave (never noting discrepancy was that casual employment - or at that point, contract, could involve early at-whim dismissal). Asked if had ABN, replied not, but would obtain one. Stated would start on casual employee, and change to contract as necessary. Job offer sent via e-mail, accepted by telephone call back. Never billed as casual, super not paid into superannuation account, PAYG payroll tax not withheld, did not provide pay slips, did not deduct student loan repayments, TFN not filed with ATO, only 4 invoices issued over contracting period - all showing intention to contract.
> Requisite standard of recent university graduate, non- specialized knowledge within industries, well known (and later confirmed within your knowledge, on Thursday, November 24)
> - Monday, 22 August 2011
> Start of job, with intended finish date of Friday 24 February, delineated as "26 working weeks".
> Asked on Monday, with regard to what "maximum 38 hour working week meant", noting concern it seems to mean can be offered no hours, and hence paid for less than 38 hours; response delineated, as meaning "you can work more than 38 hours, but that's all I can pay you for"
> - Monday, 22 August 2011 to Friday, 2 September 2011
> 2-week completion and check for the electricity supply e-scan. The amount of $1,824 ($16,720-$1,824=$14,896) was invoiced until Thu 1/12.
> - Monday, 5 September 2011 to Friday, 16 September 2011
> 2-week completion and check for the gas supply e-scan
> - Friday, 16 September 2011
> Discoverable evidence showing bill on 16/9 for electricity supply and gas supply e-scans
> - Monday, 19 September 2011
> Review of performance, along with upgrade of remuneration from $35/hr to $40/hr
> - Monday, 19 September 2011 to Friday, 23 September 2011
> 1-week work on electro technology e-scan
> - Monday, 26 September 2011 to Wednesday, 28 September 2011
> 3-day completion for the center of excellence non-e- scan work task
> - Wednesday, 28 September 2011
> Discoverable evidence showing bill on 28/9 for electro technology e-scan and center of excellence work task
> - Thursday, 29 September 2011 to Thursday 6 October 2011
> 1-week extra work for 2-week completion on electro technology e-scan. "Full two weeks" was designated despite small sector, to pursuing overturning DTWD opinion on antagonistic organization, NECA (a competitor)
> - Friday, 7 October 2011
> 1-day work on public sector, public safety, local government and corrective services. It is notable these 4 sectors were never billed.
> - Wednesday, 12 October 2011
> Discoverable evidence showing bill on 12/10 for electro technology e-scan
> - Monday, 10 October 2011 to Friday, 21 October 2011
> 2-week completion of waste sector
> - Monday, 24 October 2011 to Friday, 4 November 2011
> 2-week completion of water sector
> - Wednesday, 9 November 2011
> Discoverable evidence showing bill on 9/11 for waste and water e-scan
> - Monday, October 31 2011
> Deadline for the executive summaries by DTWD, which should have tended to have been based on the e-scans produced (but yet, no disapproval expressed yet)
> - Monday, 7 November 2011
> Advised final completion of all e-scans
> - Monday, 7 November 2011 to Tuesday, 22 November 2011
> 2-week review of work (as requested), and to ensure "yellow tab" changes was included. Asked on Monday 14 November, "do you really have nothing to do?" and answered "am going through work to review, but likely, better use of time once the workforce development plan is completed".
> - Wednesday, 23 November 2011
> Earliest notification of issue, in relation to the lack of delineation of "how big, how large" sectors are, though after agreeing these had all been contained for electro technology, gas, waste, water, and local government - was actually only lacking for local government (and unnecessary in public sector, public safety and corrective services) - for which 1 day was spent on.
> Although it can be argued, due to busyness, Wednesday, 23 November 2011 was the first time David actually reviewed work; this is five business days off from the DTWD deadline.
> - Wednesday, 23 November 2011 to Friday, 25 November 2011
> 3-day completion of local government e-scan. It is notable local government was never shown on a bill.
> - Wednesday, 23 November 2011
> Discoverable evidence showing bill on 23/11 for public sector e-scan. It is notable this wasn't put through, until Friday November 25, which may possibly be seen as unconscionable conduct.
> - Wednesday, November 23
> Had amicable conversation with David before leaving. Only discussion David had in between was with colleague (Kevin Peachey). Kevin recalls conversation causing anger was likely relating to reference made to questions asked with regard to a research "system" (which I subsequently explained I developed over a single weekend, with only a few hours).
> - Thursday, November 24
> Was advised is angry in the morning, several hours later, am asked immediately "how much of this is EUPA's work - and how much of this is other's work?" Told is disgruntled by work (coming as a surprise, though reference to earlier conversation is made). Though settled e-scan is there for all sectors, except public sector, public safety and corrective services
> - Friday, November 25
> 1-day and weekend completion of the 3 e-scans for public sector, public safety and corrective services
> - Monday, 28 November 2011
> After having a discussion, where David recalls being angry, come to amicable recognition e-scan is there; only need is to simplify English to reduce loquacious language.
> - Monday, 28 November 2011 to Thursday, December 1 2011
> Simplified English. It is notable this remedial work was never received or analyzed.
> - Thursday, December 1 2011
> Received call for need to come in and talk about "what you're [Jeremy] doing for us"
> - Friday, December 2 2011
> Termination of employment at 9.20am, along with hand back of keys
> - Friday, February 24 2012
> Intended completion date
> Facts that are suggested to be agreed upon, as inferred from the timeline, are:
> - Work has been completed in a tight deadline, with 5 e-scans completed within 2 weeks each, an e-scan and report produced in 3 days each, and 3 e-scans produced all within a 2 day period
> Disputed questions of law:
> - Whether casual employment (simply by way of the term being enlisted) affords the reasonable right of ongoing employment for the fixed term, if expressly stipulated
> - Whether it is lawful to state that a fixed agreement is "casual", given that the standard definition of "casual" is employment on an irregular basis, with no set roster or routine, only retained on an as needs basis. Factors that point to non-casual employment include:
> o Numbers of hours work per week is 38 hours, full time o A roster system is not published in a week advance
> o The employment pattern is regular and systematic
> o Reasonable expectation of continued employment
> o Employer requires notice of absence
> o Starting and finishing time was designated at 9am to 4.30pm
> - Whether the employment capacity can be considered casual, if superannuation was not paid to a superfund, taxation obligations were not upheld by "employer", monies was paid to a corporate (not personal) account
> - Whether an orally agreed to contractual employment arrangement, can constitute a legal agreement
> - Whether estoppel can permit the contractual arrangement to be expressly stated by the court, as a result of constructive reliance on such agreement
> Disputed questions of fact:
> - Whether the quality of the work met the requisite standard that would be reasonably expected of an employee, of the same caliber
> o Will be argued consideration should be given to the number of references given, the length of documents, the originality of information (i.e. not plagiarized)
> o Will be argued that the quality of work by the other training councils should provide indicia of what is reasonable
> o Will be argued that statements of other training councils, notably, Jane Piercy (RAPS T/C)'s "wow", and comment that the work had been completed (1) so quickly; (2) with such rigorous referencing; and (3) in such stylish design; noting that it took her T/C 4 weeks in 2010 to develop each e-scan, though an entire team of 3 people were working on it
> - That there was never intention of employment beyond 3 months, but that, delineation of this on Seek.com.au and/or the job offer, would have caused a reasonable person to turn down the offer
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Ltd., Australian Electrotechnology Industry Training Centre Ltd, The, Electrotech Skills Centre, Australian National Institute of Business & Technology Pty Ltd, Australian Online Institute Pty Ltd, AOI Institute, Australian Trade Training College Ltd, Australian Trades College (WA) Limited, Australian Vocational Education College Pty Ltd, Five Star Training, Axial Training Pty Ltd, Ayurveda Awareness Centre Pty Ltd, Project Management Vision, Bendigo Regional Institute of TAFE, Bendigo Senior Secondary College, BIZMATRIX Pty Ltd, Box Hill Institute of TAFE & Box Hill Institute, Box Hill Senior Secondary College, Brisbane Indigenous Media Association Inc, TRIPLE A TRAINING, Cambridge International College (Vic) Pty Ltd, Canberra Institute of Technology, Canterbury Technical Institute Pty Ltd, Careers Australia Institute of Training Pty Ltd, Careers Australia Institute of Business, Careers Australia Institute of Hospitality, Catholic Church Endowment Society Inc, MTC Training, Central Gippsland Institute of TAFE, Central Institute of Technology, Central West Group Apprentices Ltd, Skillset, Central West Group Apprentices Ltd, Centre for Appropriate Technology Inc (CAT), Chalcedony Investments Pty Ltd, Interlink Training, Challenger Institute of Technology, Charles Darwin University, Chisholm Institute of TAFE, Chisholm Institute, CHRIS WILLIAMSON & ASSOCIATES (QLD) PTY LTD, Queensland Electrical Training, CKI Utilities Development Ltd / HEI Utilities Development Ltd / Spark Infrastructure SA (No1) Pty Ltd / Spark Infrastructure SA (No2) Pty Ltd / Spark Infrastructure SA (No3) Pty Ltd, ETSA Utilities, College of Electrical Training Incorporated (CET), Competency Training Pty Ltd, Connect Assess Australia Ltd, Future Skills International, Contour Systems Pty Ltd, Cornerstone Investment Aust Pty Ltd, Australian Institute of Commerce & Language, Council of Trinity Grammar School, The, Daily Update Pty Ltd, Australian Project Management Institute, Green Skills Australia, DU English College, David J Corry, Corrindale Training, Debbie Lee Payne, Safe First Training, Department of Training and Workforce Development, Education and Training International, Down Under Training and Consulting Pty Ltd as Trustee for the Woods Trading Trust, Australian College of Further Studies, Durack Institute of Technology, E Electrical Designs Pty Ltd, Power Supply Services and Training, East Gippsland Institute of TAFE, Advance TAFE, Electrical and Communications Association Queensland, Industrial Organisation of Employers, SKILLSCONNECT AUSTRALIA, Electricity Training and Development Pty Ltd, Electro Group Training Queensland Limited, Electro-Training Institute Pty Ltd, Endeavour Energy, Energex Limited, Esitrain, Energy Skills International Pty Ltd, Energy Skills Solutions, Enersafe Pty Ltd, Engineering Institute of Technology Pty Ltd, Ergon Energy Corporation Limited, Essential Energy, Fire Skills Training Pty Ltd, Forest Hill College, Future Skills Limited, Gippsland Group Training Ltd, Apprenticeships Group Australia, Global Sustainable Energy Solutions Pty Ltd, Gold Coast Institute of TAFE, Gordon Institute of TAFE, Goulburn Ovens Institute of TAFE, Great Southern Institute of Technology, Haileybury College, Halifax Crane Hire Pty Ltd, Halifax Skilled Training, Hallam Senior Secondary College, Holmesglen Institute of TAFE, HRD Integrated Services Pty. Ltd., Hunter Trade College Ltd, Hunter Trade Training Ltd, Hunter Valley Training Co Pty Ltd, Iascend Polytechnic Pty Ltd, Inlec Training Services Pty Ltd, Institute of Automotive Mechanical Engineers Inc, International College of Environmental Sustainability Pty Ltd, J & J Wheeler Enterprise Pty Ltd As Trustee for the Wheeler Family Trust, Load Wise Australia, J & P Richardson Industries Pty Ltd, Joint Industry Services Training (RTO) Pty Ltd, Kangan Batman Institute of TAFE, Kangan Institute, Komatsu Australia Pty Ltd, KRSP Pty Ltd, Kimberley Regional Service Providers, Latrobe Lifeskills Pty Ltd, LE Industry Services Pty Ltd, LEONARD E & PATRICIA M MOUNTFORD, LPM Consulting and Training Service, Lesneh Pty Ltd, Licenced Trade Training, Master Builders Association of Victoria, Master Plumbers' & Mechanical Services Association of Australia, MEGT (Australia) Ltd, MEGT Institute, Workforce Planning Australia, Menzies Institute of Technology Pty Ltd, Milcom Communications Pty Ltd, Minister for Employment, Higher Education and Skills, TAFE SA Adelaide North Institute, TAFE SA Regional, TAFE SA Adelaide South Institute, MIPET Pty Ltd, Gnortop and Associates, MJ & TM Widdison, MOXI Pty Ltd, Nara Nominees Pty Ltd, Nara Training and Assessing, National Personnel Group Pty Ltd, National Trades Institute Pty Ltd, NECA Training Ltd, Necatec, Newmont Mining Corporation, Northern Bay P-12 College, Northern College of the Arts and Technology. Northern Melbourne Institute of TAFE, Nova International Education Pty Ltd, Nova Institute of Technology, NSW Electrical Test & Tagging Pty Ltd, Optec Pty Ltd, Paul Morris, The PM Safety Training, Pilbara Institute, Plumbing Electrical Electronic and Refrigeration Vocational Education Employment and Training Inc, PEER VEET, Plumpton Training Services Pty Ltd, Polytechnic West, Powerline Training Pty Ltd, Precept Education Pty Ltd atf Australian College of Information Technology, Australian College of Information Technology, Institute of Film & Television, Queensland Training Services Pty Ltd as Trustee for the Queensland Training Services Unit Trust, Queensland Training Services Pty Ltd, R.L Badcock & V.S Pickering, Hobart Technology, Ralglen Pty Ltd, Frontline Safety and Training Services, Ramsden Telecommunications Training Pty Ltd, Redeemer Baptist School Ltd, Hills Regional Skills Centre, The, Ringwood Secondary College, RMF Consulting Services Pty Ltd, Gippsland Safety Training Services, Royal Australian Navy, Royal Melbourne Institute of Technology, RMIT University, Scientific Management Associates (Operations) Pty Ltd, Service to Youth Council Inc, Training Prospects, Skillswest Training Co Pty Ltd, South West Institute of TAFE, South West Institute of Technology, St Joseph's College, Statewide Business Training Pty Ltd, Strategic Training Solutions Pty Ltd, Sunraysia Institute of TAFE, SvB Technologies Pty Ltd, SvB ExTech, Swan Hill College, Swinburne University of Technology, T Conquest Pty Ltd as trustee for the T Conquest Family Trust, Conquest Communications, Conquest Communication Consultants, TAFE NSW - Hunter Institute, TAFE NSW - Illawarra Institute, TAFE NSW - New England Institute, TAFE NSW - North Coast Institute, TAFE NSW - Northern Sydney Institute, TAFE NSW - Open Training & Education Network, TAFE NSW - Riverina Institute, TAFE NSW - South Western Sydney Institute, TAFE NSW - Sydney Institute, TAFE NSW - Western Institute, TAFE NSW - Western Sydney Institute, Tasmanian Polytechnic, Tasmanian Secondary Colleges, Tasmanian Skills Institute, The Skills Institute, Techserve Pty Ltd, Techserve Training and Development, TEC-NQ LIMITED, THE ASSOCIATION OF WALL & CEILING INDUSTRIES OF NSW, The Change Network Pty Ltd, The Corporation of The Trustees of The Roman Catholic Archdiocese of Brisbane, St Peter Claver College, Training and Electrical Services Pty Ltd, Transfield Services (Australia) Pty Ltd, TransGrid, True Education Pty Ltd, Technical Education Development Institute, Trustees of the Diocese of Wollongong, Catholic Education Office, Wollongong, Trustees of the Roman Catholic Church (Lismore Diocese), Catholic Education Office (Lismore Diocese), Priority One Employment & Training, University of Ballarat, Victoria University, Victoria University Secondary College, VOCATIONAL EDUCATION AND TRAINING, Mount Isa Institute of TAFE, Sunshine Coast Institute of TAFE, Central Queensland Institute of TAFE, Barrier Reef Institute of TAFE, Wide Bay Institute of TAFE, Southern Queensland Institute of TAFE, Tropical North Queensland Institute of TAFE, The Bremer Institute of TAFE, SkillsTech Australia, Metropolitan South Institute of TAFE, Vocational Education and Training Assessment Services, VETASSESS, Volt Edge Pty Ltd, Mackay Electrical Training, Melbourne Electrical Training, West Coast Institute of Training, Western Australian Institute of Technology, Perth Institute of Training, International Academy of Law Enforcement and Security, Western Power Corporation, Power Training Services WA, William Angliss Institute of TAFE, Wodonga Institute of TAFE, Worklinks Inc, Zoom Recruitment & Consulting Pty Ltd, Zoom Tec, Zoom Recruitment, Zoom Training Education and Compliance (TEC)
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Legal fees that should NOT be paid by the Townes of Remington Pointe Homeowners Association.
The legal fees incurred by Nancy Hankins of Property Specialists Inc. by initiating eviction actions on the property at 1422 Prescott Dr. without Boards' knowledge or approval. A direct breach of our HOA's contract with Property Specialists, Inc.
I/We object to accepting these charges from being assigned to our HOA's funds, for which the current board members; Penny Pinkus, Nancy Oliver, Debbie Zona, and Katelyn Hanna have recriminated Scott Heyer, VP of the board by using additional HOA funds to distribute a mailing to unknown number of homeowners and have attempted to defame Mr. Heyer for having provided truthful testimony under oath in this same circuit court, presided by the Honorable Judge Fusz (January 12th, 2012), rather than the testimony script provided by Nancy Hankins, prior to the trial, or as stated in said letter.
There are currently an additional $4500 in legal fees incurred by these same board members, and N. Hankins of PSI for the direct, intentional and on-going attempts to restrict and prohibit homeowner participation in meetings, access to information covered and provided in 765 ILCS 605/19; Section 19 of the Illinois Not-for-profit Corporation Act of 1986, fees that included imposing undue hardship and expenses to other homeowner(s). The intentional misconduct, gross negligence of fiduciary duty and corporate compliance has accumulated in various fees incurred to interfere with a Special Meeting of the Homeownerâs, and have included the costs personally incurred to call the Special Meeting of the Homeowners, and Violations fees imposed without opportunity to be heard, as outlined in the Condominium Property Act (765 ILCS 605/18.5)Sec. 18.5(c)(7).
I/We believe all these legal fees should NOT be the financial responsibility of the Townes of Remington Pointe Homeowners Association.
I/We ask this court to find the Defendants - NOT be immune from personal civil liability based on their actions and find in favor of the Petitioner by assigning collection of the submitted fees to be, jointly or severally paid by Property Specialists, Inc, Nancy Hankins; Penny Pinkus, Nancy Oliver, Debbie Zona, and Katelyn Hanna, the board members named as Defendants herein.
I/We believe that fees in question should NOT be the financial responsibility of the Townes of Remington Pointe Homeowners Association, and that those that have frivolously authorized the legal actions should pay for the fees.
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Tell Texas Lottery Commission to drop false fraud charges
WE have to stand up and say NO to nameless, faceless, unaccountable entities abuses of power
To read more about what I'm trying to do and to sign my petition, click here:
http://www.change.org/petitions/tx-lottery-drop-false-fraud-charges?share_id=dfdmaXnLiq&pe=pce
To read more about what I'm trying to do and to sign my petition, click here:
http://www.change.org/petitions/tx-lottery-drop-false-fraud-charges?share_id=dfdmaXnLiq&pe=pce
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End the Bus Strike; Remove the Local 508 ATU
The Local 508 Amalgamated Transit Union has walked off the job of it's own choice to it's picket lines on February 2nd, 2012.
Since that date, there have been many attempts to bargain, reason and work with this Union to little avail.
Friday, February 25th, the Union has refused generous offer after generous offer in a bid to retain 8 million + in overtime costs. They (the local ATU 508) have shown, time and again, through both actions and it's chosen representative in the media, ablatant disregard for the city it operates in, it's ridership, and the most vulnerable citizens dependent upon it's services.
This petition is for the public that demands the immediate removal/firing of the local ATU 508 from Metro Transit buses.
The Halifax Regional Municipality taxpayers and ridership wish to stand unified in their demand that this extremely greedy union be removed from service and jobs be granted to individuals willing to do the work for a reasonable pay. The general public no longer wishes to do business with the Local ATU 508, nor allow it's membership to continue to serve this region.
The petitioner would like to stress this is NOT a general attack against Unions, this is targeting one, specific union that cannot respect nor understand how difficult it is to get a mere 1% raise on the table, much less 9% for unskilled, un-degreed workers.
Since that date, there have been many attempts to bargain, reason and work with this Union to little avail.
Friday, February 25th, the Union has refused generous offer after generous offer in a bid to retain 8 million + in overtime costs. They (the local ATU 508) have shown, time and again, through both actions and it's chosen representative in the media, ablatant disregard for the city it operates in, it's ridership, and the most vulnerable citizens dependent upon it's services.
This petition is for the public that demands the immediate removal/firing of the local ATU 508 from Metro Transit buses.
The Halifax Regional Municipality taxpayers and ridership wish to stand unified in their demand that this extremely greedy union be removed from service and jobs be granted to individuals willing to do the work for a reasonable pay. The general public no longer wishes to do business with the Local ATU 508, nor allow it's membership to continue to serve this region.
The petitioner would like to stress this is NOT a general attack against Unions, this is targeting one, specific union that cannot respect nor understand how difficult it is to get a mere 1% raise on the table, much less 9% for unskilled, un-degreed workers.
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End Home Depot hourly employee abuse!
Home Depot is a retail leader along with Walmart and helps set worker standards. Home Depot routinely allows workplace bullying from its corp. headquarters down to its store managers and from there to hourly supervisors and employees.Home Depot maintains a "confidential" hotline to allow employees to report conduct by management in violation of the law or against company policies then allows caller information to get back to the violators for retaliation against the concerned employees. Home Depot routinely destroys lives through its carefree work scheduling which endangers employees getting adequate sleep.Home Depot permits poor planning by top management down to its store level, where at the store level upper management poor planning is borne on the backs of hourly supervisors and employees.
Home Depot labels HOURLY supervisors as management to share the bad while not considering them management for bonuses and perks. The average assistant manager earns 3-5x the bonus of a supervisor and the store manager 20-25 times what the supervisors get. Supervisors have no say over developing work schedules, determine who does or does not work for them, Nor can supervisors discipline employees.Ssupervisors are routinely undermined by salaried management, who actively thwart efforts by supervisors to 'run their business'. Supervisors, in fact, have almost no ability to run their business.
Supervisors are not allowed to write accurate performance reviews; these are frequently censored or edited by salaried management. Salaried management also frequently engage in 'document shredding parties' at the store level.
Home Depot corporate management plans projects passed down to the store level without an accurate idea of the actual physical work involved and has one of the highest injury rates to its employees or any employer and is attempting to hide the ruthlessness with which they drive their employees by blaming employees for working unsafely when time constraints placed on employees dictate cutting corners to complete.
Home Depot labels HOURLY supervisors as management to share the bad while not considering them management for bonuses and perks. The average assistant manager earns 3-5x the bonus of a supervisor and the store manager 20-25 times what the supervisors get. Supervisors have no say over developing work schedules, determine who does or does not work for them, Nor can supervisors discipline employees.Ssupervisors are routinely undermined by salaried management, who actively thwart efforts by supervisors to 'run their business'. Supervisors, in fact, have almost no ability to run their business.
Supervisors are not allowed to write accurate performance reviews; these are frequently censored or edited by salaried management. Salaried management also frequently engage in 'document shredding parties' at the store level.
Home Depot corporate management plans projects passed down to the store level without an accurate idea of the actual physical work involved and has one of the highest injury rates to its employees or any employer and is attempting to hide the ruthlessness with which they drive their employees by blaming employees for working unsafely when time constraints placed on employees dictate cutting corners to complete.
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STOP Prince George's County Online Citation Payment Fees!!
It is bad enough that there a street cameras on every other block; however, I understand the county wanting to reduce speeding in school zones, I'm all for that. What I'm not for is paying $3.50 for each infractuation if you want to make your payment online, which is not mentioned on the citatiion and you don't find out about the fee until you decided to pay online. We are no longer living in the stone age and most people pay their bills online. The county should encourage those who receive citations to pay online, as it ensures timely payment and that my payment doesn't "somehow" get lost in the mail and I'm charged double. The fee is a definite deterrent for anyone wanting to pay online. Citizens of Prince George's County, let's ban together to get rid of this fee.
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work place bullying
lets stop work place bullying cause it wrong in fact lets stop bullying all together
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Interest Rates on Payday loans to be investigated
Short-term loans are now readily available to consumers from payday lenders, but in some instances the representative APR is in excess of 4000%.
Consumers applying for these kind of loans are evidently already in some kind of financial difficulty, so by charging such high interest rates, lenders are doing nothing to help them and in a lot of cases are miss informing their customers or hiding the truth
Whilst the lenders obviously seek out to become profitable, there is no reason for such high APR to be implemented. This is a petition for the APR with payday loans from short-term lenders to be investigated
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Ban Stuart Love from the Law Society of West Australia for being a child #$%^& abuser
MR. DAVID LOVE: YOU ARE A PSYCHOPATHIC F*CK! Just got hold of the EUPA budget from Kevin recently - can you believe this? EUPA gets paid $448,174, almost quarter of a million dollars from the Department of Education, and they're spending a whopping $347,437.50 on wages? This scenario apparently leads to a predicted loss of $118,844.10; it's no wonder Mr. Love tried to kick out Jeremy to "reduce cost"! It's also astounding how the greedy Mr. Love takes home a huge $140k+ pay check, earning around $500 per day - more than most people earn in a week! Also, that he gave himself a generous $12k bump in his salary in the past financial year (despite the financial crisis). Even worse? Notice David Love's salary ($141k) is around 32% of what DTWD is giving him!
EUPA Training Council Budget 2011/12
(Executive Officer, 1 x Project Officer , Administrative Support)
: Income
DTWD Service Agreement - Operating Grant: $418,174.00
DTWD Curriculum Services: $20,000.00
Interest (estimate): $10,000.00
TOTAL: $448,174.00
: Predicted Expenses
Office Rent & Variables: $28,000.00
Office Expenses/Bank fees etc: $2,000.00
Electricity: $3,000.00
Telephone: $8,000.00
Subscriptions & Periodicals: $2,000.00
Photocopier & Printing: $6,500.00
Postage & Courier Costs: $1,000.00
Computer & Stationary: $5,000.00
Internet Expenses: $2,500.00
Insurances: $7,500.00
Fuel & Motor vehicle expenses: $15,000.00
Fringe Benefits Tax: $5,000.00
Parking: $1,250.00
Travel: $15,000.00
Promotion/Publications/Expo attendance: $15,000.00
Meeting & Conference expenses: $17,500.00
Professional Development: $2,500.00
Office Cleaning: $3,500.00
Security: $3,000.00
Audit Fees: $3,000.00
Book keeping assistance: $2,000.00
Salaries & Wages: $267,437.50
Superannuation: $24,069.37
TOTAL: $439,756.87
: Contingent liabilities
Motor vehicle replacement: $10,000.00
Redundancy provision : $9,423.75
Long Service Leave provision: $9,337.48
TOTAL: $28,761.23
TOTAL COSTS (Est): $468,518.10
PREDICTED LOSS: -$20,344.10
---------
EUPA Training Council Budget 2011/12
(Executive Officer, 2 x Project Officers , Administrative Support)
: Income
DTWD Service Agreement - Operating Grant: $418,174.00
DTWD Curriculum Services: $20,000.00
Interest (estimate): $10,000.00
TOTAL: $448,174.00
: Predicted Expenses
Office Rent & Variables: $28,000.00
Office Expenses/Bank fees etc: $2,000.00
Electricity: $3,000.00
Telephone: $8,000.00
Subscriptions & Periodicals: $2,000.00
Photocopier & Printing: $6,500.00
Postage & Courier Costs: $1,000.00
Computer & Stationary: $5,000.00
Internet Expenses: $2,500.00
Insurances: $7,500.00
Fuel & Motor vehicle expenses: $17,500.00
Fringe Benefits Tax: $5,000.00
Parking: $1,250.00
Travel: $18,000.00
Promotion/Publications/Expo attendance: $15,000.00
Meeting & Conference expenses: $17,500.00
Professional Development: $2,500.00
Office Cleaning: $3,500.00
Security: $3,000.00
Audit Fees: $3,000.00
Book keeping assistance: $2,000.00
Salaries & Wages: $347,437.50
Superannuation: $31,069.37
TOTAL: $532,256.87
: Contingent liabilities
Motor vehicle replacement: $10,000.00
Redundancy provision: $12,423.75
Long Service Leave provision: $12,337.48
TOTAL: $34,761.23
TOTAL COSTS (Est): $567,018.10
PREDICTED LOSS: -$118,844.10
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Salaries are explained here:
David Love:
- Base salary (2010/11): $116,138.38
- Increment: $11,613.84
- Leave loading: $1,719.74
- Super: $11,652.48
- TOTAL PAY: $141,124.44 <<<<<<<<<<<<<<
- RATE PER DAY: $491.35
- RATE PER WEEK: $2,456.77
Kevin Peachey:
- Base salary (2010/11): $82,800.00
- Increment: $8,280.00
- Leave loading: $1,226.08
- Super: $8,307.55
- TOTAL PAY: $100,613.62 <<<<<<<<<<<<<<
- RATE PER DAY: $350.31
- RATE PER WEEK: $ 1,751.54
Serena Panas:
- Base salary (2010/11): $48,438.00
- Increment: $4,843.80
- Leave loading: $717.26
- Super: $4,859.91
- TOTAL PAY: $58,858.97 <<<<<<<<<<<<<<
- RATE PER DAY: $204.93
- RATE PER WEEK: $1,024.65
If the David Gordon Love (EUPA Training Council) online defamation saga wasn't the huge item in Western Australian politics this week, then what was? As we all know, David Love is the bloke who made an (albeit unsuccessful) tilt with TAC auditor Helen McCarter in the business world in the early 2000's. Add to that Joe Fiala of CEPU trying to make inroads from the union, to affecting our VET education system. Talk about a power grab attempt, Mr. Fiala! But this is just the start of Mr. Love's troubles, who has for the past several years tried to defraud the Australian Taxation Office.
It all started with a posting made by Kyle Kutasi (NECA) on Usenet. Mr. Kutasi, who holds a degree in law/commerce from Sydney University and had a tilt at University politics there, is of course the bloke who is described as a "racist, sexist, homophobic nerd" by Anarchobase, and (successfully) filed in a defamation proceeding as a former Liberal Party member against Melbourne University Press for calling him a "bestial character, a criminal, thug and standover man" in the NSW District Court. He was described as "a hooter, a hollerer, a drinker (who) seemed to live at the local pub (where there was) a legitimate suspicion ... that he started most of the fights". Kutasi is also described by Janine Cohen as "abusive and intimidating to fellow Liberals". Kyle has gone so far as to get a statutory declaration about a journalist saying "I know more about you than you could possible know. I have files on you. I have photos of you. I have statements from women saying that you assaulted them". Kutasi rooted David Clarke's daughter Ann-Marie Clarke. Kutasi was named on Vex News as a "pathological liar". Kutasi is a man of anger, stating on Vex News, "Don't know where you get your info buddy, but its a pretty shithouse source!" This is what Japanese sounding Mr. Kutasi wrote:
: PLEASE TAKE NOTE MR. DAVID LOVE:
: MR. DAVID LOVE: I HAVE FOUND PUBLISHED ONLINE A LIST OF PRIVATE ADDRESSES OF THE BOARD MEMBERS OF EUPA, WHICH HAVE BEEN TRACED TO AN INDIVIDUAL BY THE NAME OF STUART LOVE, WHO I ASSUME TO BE YOUR SON. PLEASE CEASE AND DESIST WITH THIS BEHAVIOUR WITH IMMEDIACY. WE HAVE TRACED THE DOCUMENT TO BEING WRITTEN BY A UNIVERSITY OF WESTERN AUSTRALIA COMPUTER, AND HAVE CONTACTED THE UWA LAW SCHOOL FOR FURTHER INFORMATION. WE HAVE ALSO NOTIFIED THE LAW SOCIETY OF WESTERN AUSTRALIA AND WA POLICE FORCE.
: YOUR ANIMOSITY TOWARDS NECA IS ENOUGH. WE ARE ALREADY AWARE OF BOTH YOU AND MR JOE FIALA'S NARCISSISTIC DESIRE TO CAUSE MAXIMAL DAMAGE TO THE NECA BRAND. WE ARE WELL AWARE OF YOUR ATTEMPTS TO BULLY GORDON DUFFY AND GARY FITZGERALD FROM THE DTWD TO NOT ASSIGN CONSTRUCTION -TC THE ELECTROTECHNOLOGY PORTFOLIO, DESPITE YOUR ORGANISATION'S INABILITY TO PROVIDE ANY POSITIVE REPRESENTATION FOR THE SECTOR IN THE PAST SEVERAL YEARS, APART FROM YOU AND MR JOE FIALA'S NARCISSISTIC DESIRE FOR POWER.
: ALTHOUGH WE UNDERSTAND YOU ARE DYING OF CANCER - PLEASE DEAL WITH IT WITHOUT RESORTING TO NARCISSISTIC ATTEMPTS TO HURT OTHERS AROUND YOU. IF YOU SUFFER FROM MENTAL HEALTH ISSUES, E.G. NARCISSISTIC PERSONALITY DISORDER - PLEASE SEE A PSYCHIATRIST. DON'T CAUSE US AND OTHER EUPA PARTNERS ANY MORE PAIN.
: PS: PLEASE NOTE THAT RAY HARRIS WILL BE COMING OFF THE EUPA BOARD
: THANK YOU.
: WRITTEN FOR
: KYLE KUTASI
: THE NECA TEAM
This was followed by a posting of all of the EUPA Board's contact details as political sabotage:
: David Gordon Love [Executive Director]
: Deborah Mavis Love
: Erika Love
: Stuart Love
: 146 Gildercliffe St, Scarborough WA 6019
: ---
: Kevin John Peachey [Project Officer]
: Michael John Peachey
: Rita Ann Peachey
: 35 Clarkson Rd, Bullsbrook WA 6084
: ---
: Serena Jane Panas [Administration]
: 50 Casilda Rd, Duncraig WA 6023
: ---
: Joe Daniel Fiala [Chairperson]
: Allison Faye Fiala
: 10 Macalister Gdns, Mirrabooka WA 6061
: ---
: Gerald Brian Upham [Union representative]
: Frederick Gerald Upham
: 11 Halwest Way, Alexander Heights WA 6064
: ---
: Harry McDonald [Electrical]
: Carmen Marie Mews
: 3 Rainer Mews, Willeton WA 6155
: ---
: John Phillips [Local government]
: ---
: Kevin Francis Poynton [Waste management]
: 68a Alderbury St, Floreat WA 6014
: ---
: Kim Schofield [Public sector]
: ---
: Neil Hooley [Water]
: 38a Raleigh Rd, Sorrento WA 6020
: ---
: Ray Harris [Electrotechnology]
: ---
: Toni Beverley Walkington [Public sector]
: 197 Washington St, Victoria Park WA 6100
: ---
: Gary Fitzgerald [DTWD]
: ---
: Geoffrey Thomas Wrigley [Oil & gas]
: Cheryl Anne Wrigley
: 7 Mayor Rd, Coogee WA 6166
: ---
: Kay Lesley Gerard
: 38b Pearl Rd, Cloverdale WA 6105
: Gordon Duffy
: Gabriella Duffy
: 20 Burragah Way, Duncraig WA 6023
A female user named Hilary then responded:
: It's hilarious how if you search for "Joe Fiala CEPU" on Google
A male, Gordon then comments:
: "David Love is a psychopath. This guy has some sort of serious narcissistic personality disorder."
: Then a lady named Beck responds:
: "People like David Love who are dying of cancer - do tend to behave narcissistic - didn't you know? Psychology 101. Cancer tends to bring out the psychotic sides of a person's character. Mr. Love would be a classical example, perhaps."
Finally, a user named Jane then states:
You should check out JOO/GCLM/4/2012 filed with the Magistrates Court of Western Australia on January 3, 2012. Doesn't exactly paint Mr. David Love in the brightest light:
: 1 Mr. Love stated on Dec/2 he wouldn't receive/pay for $14,896 services left on 0.5yr research contract (Aug/22-Feb/24), since:
: 1.1 "Casual employment" allowed for cessation whenever: Mr. Love failed to comply with ATO requirements for "casual employee" treatment, hence this point was rescinded.
: 1.2 There'd been insufficient quality of work: Quality of work similarly rescinded based on reference amount, length of document, originality of information, appraisals from other TC's.
: 2 In a surprise jab, reasons in conciliation were altered to "unethical, if not illegal" conduct, later explained to be use of proprietary university databases to conduct private work.
: 2.1 WAIRC fees (29.6km * 2 @ $0.63 / km (ATO)=$37.30, and $50 application fee = $87.30) asked for in addition due to lack of want to conciliate in good faith, and "put all cards on table". Respondent claimed this was apart of his "legal strategy".
: 2.2 Advised Respondent contemporaneously in conciliation "proprietary database" used datasets created by self; and no resources were used of the University's to conduct work.
: 2.3 Mr. Love is aware of Uni contacts because he asked to apply for an Australian Research Council grant. Mr. Love discarded the grant application before any serious work was actually done.
: 2.4 Although Mr. Love knew university resource not used to conduct work, when faced with difficulty finding data in public admin, Mr. Love requested their "database" use, because "that's what I want - I don't care how you get it - just get it".
Mr. Love is being sued for $15,242.40 in total. I smell bankruptcy here?
I contacted the WAIRC (raised in 2.1) for more information, and they directed me to case No. U 199 of 2011:
: I (Jeremy) worked for the EUPA Training Council (which primarily reports to the Department of Training and Workforce Development DTWD, and is of ABN 76 710 050 832 ELECTRICAL UTILITIES AND PUBLIC ADMINISTRATION TRAINING COUNCIL INC) as a researcher, beginning Monday 22 August 2011, intended until Friday 24 February 2012, pending a one month probationary period remunerated at $35/hr, paid fortnightly, with the employment offer delineated it "equates approximately $69,000 per annum". On successful completion, this hourly rate was boosted to $40/hr. This employment ceased after being dismissed at approximately 9:20am on Friday December 2 2011.
: Dismissal was on the grounds, as delineated on Friday December 2:
: - Work done was "unusable" and that the Managing Director had paid the "best part of twenty thousand dollars" for "nothing": In response, I (Jeremy) suggested that non-delivery was not possible, because checks were made in the first week essentially every second day; and subsequently, every week, along with fortnight submissions. If the MD was disappointed with the result, that the onus was on him to ensure the requisite quality was met, and instruction given earlier to remedy.
: - That "when requested a wall to be painted in green, received a red wall instead", in particular, development of such tools as the web site, in lieu: In response, I (Jeremy) delineated, and came to agreement with the MD, that the e-scan had been "completed" for the electrotechnology, electricity supply, gas supply, waste, water, and local government - and that the shortfall, was only for corrective services, public safety, and public sector - of which I was asked by the MD specifically to spend 1 day on, and hence the quality of those sections reflected the singular day effort. On the following Monday 28 November, I approached the MD to obtain a clarification given the inconsistency from the completion of the various e-scans and the "you've given me nothing", with the MD stating that on Thursday, he intentionally delayed a while before speaking to me, because he understood he was "angry", and that with several points, he had "retreated" - with the exception of the three e-scans (below).
: - That even the three documents produced over my (Jeremy's) weekend "wasn't what I [David] wanted": Although my (Jeremy) copy was asked to be deleted by the MD, we desire to obtain discovery of these documents, which would tend to show that the quality of the work, met, if not exceeded that, of work over the weekend (which is unpaid for, and further to the required work) - with appropriate referencing, gathering of secondary data facts, and prima facie analysis.
: - Publishing changes on the web site without prior approval: I (Jeremy) have obtained permission, asked, but on numerous occasions, the MD has forgotten that approval was given (or it was given without him knowing what the consequence was). Commonly, prior discussions later raised with the MD, would be responded in "no, I don't remember - could you refresh my memory?", which goes to propensity to recount facts correctly. In any circumstance, this is just a minor misunderstanding, and doesn't warrant the termination of contract.
: - That the terms of "casual employment" are such that, the Managing Director, can, at his own discretion, terminate the employment at his own will: My response to him was that I had felt "exploited" as a result of not knowing what "casual employment" constituted. However, the terms of employment were delineated as between a fixed period (Monday 22 August 2011 - Friday 24 February 2012, for 26 working weeks), with the "maximum 38 hour working week" delineated by the MD as meaning "that's all I [David] can pay you; you can work more, but that's up to you". Furthermore, if the employment agreement was such that the termination could occur at any time, the "probationary period" thus becomes moot, and could constitute a misleading and deceptive clause of agreement (and its presence suggests that termination can only be made during the probationary period). It is also notable, following the probationary period, remuneration was bumped up from $35/hr (+9%) to $40/hr.
: - That the "contractual" arrangement had no veracity, as a result of the fact that it wasn't written: This is a question of law that is disputed, as being wrong.
: Prior, on Thursday November 24, the Managing Director requested my pay check to not be put through on Wednesday November 23, which was reinstated on Friday November 25. On Thursday November 24, the MD brought up:
: - Utilizing organizational time to do other organization's work: The response provided was that this was based on hearsay evidence from a colleague, and that direct evidence would tend to directly contradict this (namely, that an employee, if desiring to work on another organization's work, wouldn't tend to turn the direction of the computer screen, as to be directly in view of a person who walked into the room). It is believed, given the MD hadn't raised prior issues with me, and that the first time he did was on Thursday November 24, that this fact lies, within his interpretation, as the pinnacle issue; given that I'd departed the organization at Wednesday November 23 at 4.30pm, and that only Kevin (my colleague) and the MD discussing were the only between events.
: - That he had an issue with the level of noise: After conferring with Kevin (colleague), it was decided that this was likely due to a single conversation (in particular), several weeks ago, which was directly work related, although "didn't seem to be going anywhere". On Monday, 28 November, Kevin brought up that he had been disappointed about the lower levels of conference, and that he had hoped the workplace could still involve chitter chatter to "make the workplace fun".
: - That the work could not be understood by stakeholders, as it contained jargonacious and loquacious language: Of which I (Jeremy) responded that I would work on between Tuesday November 29, and intended on submitting on Friday December 2. This was never even read.
: I (Jeremy) also brought up, in response, contemporaneously in response to being dismissed, on Friday December 2:
: - That I (Jeremy) felt there had been a history with the employer (David Love), given that the person I was replacing (Lee Pritchard), also underwent a "forced resignation" (as delineated by Kevin), suggesting that the employer think about reaching an amicable solution rather than resolving to the courts.
: I (Jeremy) am seeking for compensation of and/or reinstatement of employment for the remaining months. The pay check is up to date until November 23. Including the Christmas exclusion of December 23-January 3, is $3,040 due December 7, $3,040 due December 21, $912 due January 4 (pro rata for 3 days, December 22, January 3 and 4), $3,040 due January 18, $3,040 due February 1, $3,040 due February 15, and $608 due February 17 (pro rata for 2 days). This amounts to $16,720.
: The payable amount from Fri 25/11 to the end of contract is $14,896.1 The defendant (Mr. David Love) contests that as a result of the word "casual", the contractual arrangement can be broken at any time. The plaintiff argues that the arrangement was contractual, and there is thus breach of contract. Even if it is construed there is casual employment, it is argued that simply delineating the words "casual" doesn't mean a worker doesn't have the right to expectation of continued employment, where delineated, and can be demonstrated by constructive facts.
: The WAIRC filing undertakes the defendant's (David) assumption employment was casual (as stated on Fri 2/12). The right is reserved to dispute this classification. The plaintiff is willing to accept this point uncontested, such that the WAIRC is directed employment was contractual, and thus ultra vires to its jurisdiction. The matter can then be contested in Court for contractual breach. Where contest is made employment was casual, WAIRC costs will be requested.
: Kindly requested is also that non-disputed facts are agreed to:
: - Monday, 15 August 2011
: Advertised job on Seek.com.au that requested for a worker with an "ABN" (showing intent to contract)
: Job interview, followed with acceptance. Asked if prefer contract or employee, replied don't mind, [David] responded am able to offer better rate with contract, but can't offer long service leave, sick leave (never noting discrepancy was that casual employment - or at that point, contract, could involve early at-whim dismissal). Asked if had ABN, replied not, but would obtain one. Stated would start on casual employee, and change to contract as necessary. Job offer sent via e-mail, accepted by telephone call back. Never billed as casual, super not paid into superannuation account, PAYG payroll tax not withheld, did not provide pay slips, did not deduct student loan repayments, TFN not filed with ATO, only 4 invoices issued over contracting period - all showing intention to contract.
: Requisite standard of recent university graduate, non- specialized knowledge within industries, well known (and later confirmed within your knowledge, on Thursday, November 24)
: - Monday, 22 August 2011
: Start of job, with intended finish date of Friday 24 February, delineated as "26 working weeks".
: Asked on Monday, with regard to what "maximum 38 hour working week meant", noting concern it seems to mean can be offered no hours, and hence paid for less than 38 hours; response delineated, as meaning "you can work more than 38 hours, but that's all I can pay you for"
: - Monday, 22 August 2011 to Friday, 2 September 2011
: 2-week completion and check for the electricity supply e-scan. The amount of $1,824 ($16,720-$1,824=$14,896) was invoiced until Thu 1/12.
: - Monday, 5 September 2011 to Friday, 16 September 2011
: 2-week completion and check for the gas supply e-scan
: - Friday, 16 September 2011
: Discoverable evidence showing bill on 16/9 for electricity supply and gas supply e-scans
: - Monday, 19 September 2011
: Review of performance, along with upgrade of remuneration from $35/hr to $40/hr
: - Monday, 19 September 2011 to Friday, 23 September 2011
: 1-week work on electro technology e-scan
: - Monday, 26 September 2011 to Wednesday, 28 September 2011
: 3-day completion for the center of excellence non-e- scan work task
: - Wednesday, 28 September 2011
: Discoverable evidence showing bill on 28/9 for electro technology e-scan and center of excellence work task
: - Thursday, 29 September 2011 to Thursday 6 October 2011
: 1-week extra work for 2-week completion on electro technology e-scan. "Full two weeks" was designated despite small sector, to pursuing overturning DTWD opinion on antagonistic organization, NECA (a competitor)
: - Friday, 7 October 2011
: 1-day work on public sector, public safety, local government and corrective services. It is notable these 4 sectors were never billed.
: - Wednesday, 12 October 2011
: Discoverable evidence showing bill on 12/10 for electro technology e-scan
: - Monday, 10 October 2011 to Friday, 21 October 2011
: 2-week completion of waste sector
: - Monday, 24 October 2011 to Friday, 4 November 2011
: 2-week completion of water sector
: - Wednesday, 9 November 2011
: Discoverable evidence showing bill on 9/11 for waste and water e-scan
: - Monday, October 31 2011
: Deadline for the executive summaries by DTWD, which should have tended to have been based on the e-scans produced (but yet, no disapproval expressed yet)
: - Monday, 7 November 2011
: Advised final completion of all e-scans
: - Monday, 7 November 2011 to Tuesday, 22 November 2011
: 2-week review of work (as requested), and to ensure "yellow tab" changes was included. Asked on Monday 14 November, "do you really have nothing to do?" and answered "am going through work to review, but likely, better use of time once the workforce development plan is completed".
: - Wednesday, 23 November 2011
: Earliest notification of issue, in relation to the lack of delineation of "how big, how large" sectors are, though after agreeing these had all been contained for electro technology, gas, waste, water, and local government - was actually only lacking for local government (and unnecessary in public sector, public safety and corrective services) - for which 1 day was spent on.
: Although it can be argued, due to busyness, Wednesday, 23 November 2011 was the first time David actually reviewed work; this is five business days off from the DTWD deadline.
: - Wednesday, 23 November 2011 to Friday, 25 November 2011
: 3-day completion of local government e-scan. It is notable local government was never shown on a bill.
: - Wednesday, 23 November 2011
: Discoverable evidence showing bill on 23/11 for public sector e-scan. It is notable this wasn't put through, until Friday November 25, which may possibly be seen as unconscionable conduct.
: - Wednesday, November 23
: Had amicable conversation with David before leaving. Only discussion David had in between was with colleague (Kevin Peachey). Kevin recalls conversation causing anger was likely relating to reference made to questions asked with regard to a research "system" (which I subsequently explained I developed over a single weekend, with only a few hours).
: - Thursday, November 24
: Was advised is angry in the morning, several hours later, am asked immediately "how much of this is EUPA's work - and how much of this is other's work?" Told is disgruntled by work (coming as a surprise, though reference to earlier conversation is made). Though settled e-scan is there for all sectors, except public sector, public safety and corrective services
: - Friday, November 25
: 1-day and weekend completion of the 3 e-scans for public sector, public safety and corrective services
: - Monday, 28 November 2011
: After having a discussion, where David recalls being angry, come to amicable recognition e-scan is there; only need is to simplify English to reduce loquacious language.
: - Monday, 28 November 2011 to Thursday, December 1 2011
: Simplified English. It is notable this remedial work was never received or analyzed.
: - Thursday, December 1 2011
: Received call for need to come in and talk about "what you're [Jeremy] doing for us"
: - Friday, December 2 2011
: Termination of employment at 9.20am, along with hand back of keys
: - Friday, February 24 2012
: Intended completion date
: Facts that are suggested to be agreed upon, as inferred from the timeline, are:
: - Work has been completed in a tight deadline, with 5 e-scans completed within 2 weeks each, an e-scan and report produced in 3 days each, and 3 e-scans produced all within a 2 day period
: Disputed questions of law:
: - Whether casual employment (simply by way of the term being enlisted) affords the reasonable right of ongoing employment for the fixed term, if expressly stipulated
: - Whether it is lawful to state that a fixed agreement is "casual", given that the standard definition of "casual" is employment on an irregular basis, with no set roster or routine, only retained on an as needs basis. Factors that point to non-casual employment include:
: o Numbers of hours work per week is 38 hours, full time o A roster system is not published in a week advance
: o The employment pattern is regular and systematic
: o Reasonable expectation of continued employment
: o Employer requires notice of absence
: o Starting and finishing time was designated at 9am to 4.30pm
: - Whether the employment capacity can be considered casual, if superannuation was not paid to a superfund, taxation obligations were not upheld by "employer", monies was paid to a corporate (not personal) account
: - Whether an orally agreed to contractual employment arrangement, can constitute a legal agreement
: - Whether estoppel can permit the contractual arrangement to be expressly stated by the court, as a result of constructive reliance on such agreement
: Disputed questions of fact:
: - Whether the quality of the work met the requisite standard that would be reasonably expected of an employee, of the same caliber
: o Will be argued consideration should be given to the number of references given, the length of documents, the originality of information (i.e. not plagiarized)
: o Will be argued that the quality of work by the other training councils should provide indicia of what is reasonable
: o Will be argued that statements of other training councils, notably, Jane Piercy (RAPS T/C)'s "wow", and comment that the work had been completed (1) so quickly; (2) with such rigorous referencing; and (3) in such stylish design; noting that it took her T/C 4 weeks in 2010 to develop each e-scan, though an entire team of 3 people were working on it
: - That there was never intention of employment beyond 3 months, but that, delineation of this on Seek.com.au and/or the job offer, would have caused a reasonable person to turn down the offer
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Northern Melbourne Institute of TAFE, Nova International Education Pty Ltd, Nova Institute of Technology, NSW Electrical Test & Tagging Pty Ltd, Optec Pty Ltd, Paul Morris, The PM Safety Training, Pilbara Institute, Plumbing Electrical Electronic and Refrigeration Vocational Education Employment and Training Inc, PEER VEET, Plumpton Training Services Pty Ltd, Polytechnic West, Powerline Training Pty Ltd, Precept Education Pty Ltd atf Australian College of Information Technology, Australian College of Information Technology, Institute of Film & Television, Queensland Training Services Pty Ltd as Trustee for the Queensland Training Services Unit Trust, Queensland Training Services Pty Ltd, R.L Badcock & V.S Pickering, Hobart Technology, Ralglen Pty Ltd, Frontline Safety and Training Services, Ramsden Telecommunications Training Pty Ltd, Redeemer Baptist School Ltd, Hills Regional Skills Centre, The, Ringwood Secondary College, RMF Consulting Services Pty Ltd, Gippsland Safety Training Services, Royal Australian Navy, Royal Melbourne Institute of Technology, RMIT University, Scientific Management Associates (Operations) Pty Ltd, Service to Youth Council Inc, Training Prospects, Skillswest Training Co Pty Ltd, South West Institute of TAFE, South West Institute of Technology, St Joseph's College, Statewide Business Training Pty Ltd, Strategic Training Solutions Pty Ltd, Sunraysia Institute of TAFE, SvB Technologies Pty Ltd, SvB ExTech, Swan Hill College, Swinburne University of Technology, T Conquest Pty Ltd as trustee for the T Conquest Family Trust, Conquest Communications, Conquest Communication Consultants, TAFE NSW - Hunter Institute, TAFE NSW - Illawarra Institute, TAFE NSW - New England Institute, TAFE NSW - North Coast Institute, TAFE NSW - Northern Sydney Institute, TAFE NSW - Open Training & Education Network, TAFE NSW - Riverina Institute, TAFE NSW - South Western Sydney Institute, TAFE NSW - Sydney Institute, TAFE NSW - Western Institute, TAFE NSW - Western Sydney Institute, Tasmanian Polytechnic, Tasmanian Secondary Colleges, Tasmanian Skills Institute, The Skills Institute, Techserve Pty Ltd, Techserve Training and Development, TEC-NQ LIMITED, THE ASSOCIATION OF WALL & CEILING INDUSTRIES OF NSW, The Change Network Pty Ltd, The Corporation of The Trustees of The Roman Catholic Archdiocese of Brisbane, St Peter Claver College, Training and Electrical Services Pty Ltd, Transfield Services (Australia) Pty Ltd, TransGrid, True Education Pty Ltd, Technical Education Development Institute, Trustees of the Diocese of Wollongong, Catholic Education Office, Wollongong, Trustees of the Roman Catholic Church (Lismore Diocese), Catholic Education Office (Lismore Diocese), Priority One Employment & Training, University of Ballarat, Victoria University, Victoria University Secondary College, VOCATIONAL EDUCATION AND TRAINING, Mount Isa Institute of TAFE, Sunshine Coast Institute of TAFE, Central Queensland Institute of TAFE, Barrier Reef Institute of TAFE, Wide Bay Institute of TAFE, Southern Queensland Institute of TAFE, Tropical North Queensland Institute of TAFE, The Bremer Institute of TAFE, SkillsTech Australia, Metropolitan South Institute of TAFE, Vocational Education and Training Assessment Services, VETASSESS, Volt Edge Pty Ltd, Mackay Electrical Training, Melbourne Electrical Training, West Coast Institute of Training, Western Australian Institute of Technology, Perth Institute of Training, International Academy of Law Enforcement and Security, Western Power Corporation, Power Training Services WA, William Angliss Institute of TAFE, Wodonga Institute of TAFE, Worklinks Inc, Zoom Recruitment & Consulting Pty Ltd, Zoom Tec, Zoom Recruitment, Zoom Training Education and Compliance (TEC)
https://groups.google.com/group/aus.sport.rugby-league/browse_thread/thread/422902c89ab4553f#
https://groups.google.com/group/alt.politics/browse_thread/thread/013149c916c7e6d1#
https://groups.google.com/group/nctu.talk/browse_thread/thread/5a50b7113d833f63#
https://groups.google.com/group/tw.bbs.campus.nctu/browse_thread/thread/b6e940af712dad37#
https://groups.google.com/group/seattle.jobs.wanted/browse_thread/thread/5e3f558b89c308d1#
http://www.my-cause.com/who_is_david_love__why_hes_a_psychopathic_abuser
http://www.ipetitions.com/petition/kay-gerard-dtwd-is-a-psychopathic-moron/
EUPA Training Council Budget 2011/12
(Executive Officer, 1 x Project Officer , Administrative Support)
: Income
DTWD Service Agreement - Operating Grant: $418,174.00
DTWD Curriculum Services: $20,000.00
Interest (estimate): $10,000.00
TOTAL: $448,174.00
: Predicted Expenses
Office Rent & Variables: $28,000.00
Office Expenses/Bank fees etc: $2,000.00
Electricity: $3,000.00
Telephone: $8,000.00
Subscriptions & Periodicals: $2,000.00
Photocopier & Printing: $6,500.00
Postage & Courier Costs: $1,000.00
Computer & Stationary: $5,000.00
Internet Expenses: $2,500.00
Insurances: $7,500.00
Fuel & Motor vehicle expenses: $15,000.00
Fringe Benefits Tax: $5,000.00
Parking: $1,250.00
Travel: $15,000.00
Promotion/Publications/Expo attendance: $15,000.00
Meeting & Conference expenses: $17,500.00
Professional Development: $2,500.00
Office Cleaning: $3,500.00
Security: $3,000.00
Audit Fees: $3,000.00
Book keeping assistance: $2,000.00
Salaries & Wages: $267,437.50
Superannuation: $24,069.37
TOTAL: $439,756.87
: Contingent liabilities
Motor vehicle replacement: $10,000.00
Redundancy provision : $9,423.75
Long Service Leave provision: $9,337.48
TOTAL: $28,761.23
TOTAL COSTS (Est): $468,518.10
PREDICTED LOSS: -$20,344.10
---------
EUPA Training Council Budget 2011/12
(Executive Officer, 2 x Project Officers , Administrative Support)
: Income
DTWD Service Agreement - Operating Grant: $418,174.00
DTWD Curriculum Services: $20,000.00
Interest (estimate): $10,000.00
TOTAL: $448,174.00
: Predicted Expenses
Office Rent & Variables: $28,000.00
Office Expenses/Bank fees etc: $2,000.00
Electricity: $3,000.00
Telephone: $8,000.00
Subscriptions & Periodicals: $2,000.00
Photocopier & Printing: $6,500.00
Postage & Courier Costs: $1,000.00
Computer & Stationary: $5,000.00
Internet Expenses: $2,500.00
Insurances: $7,500.00
Fuel & Motor vehicle expenses: $17,500.00
Fringe Benefits Tax: $5,000.00
Parking: $1,250.00
Travel: $18,000.00
Promotion/Publications/Expo attendance: $15,000.00
Meeting & Conference expenses: $17,500.00
Professional Development: $2,500.00
Office Cleaning: $3,500.00
Security: $3,000.00
Audit Fees: $3,000.00
Book keeping assistance: $2,000.00
Salaries & Wages: $347,437.50
Superannuation: $31,069.37
TOTAL: $532,256.87
: Contingent liabilities
Motor vehicle replacement: $10,000.00
Redundancy provision: $12,423.75
Long Service Leave provision: $12,337.48
TOTAL: $34,761.23
TOTAL COSTS (Est): $567,018.10
PREDICTED LOSS: -$118,844.10
-------
Salaries are explained here:
David Love:
- Base salary (2010/11): $116,138.38
- Increment: $11,613.84
- Leave loading: $1,719.74
- Super: $11,652.48
- TOTAL PAY: $141,124.44 <<<<<<<<<<<<<<
- RATE PER DAY: $491.35
- RATE PER WEEK: $2,456.77
Kevin Peachey:
- Base salary (2010/11): $82,800.00
- Increment: $8,280.00
- Leave loading: $1,226.08
- Super: $8,307.55
- TOTAL PAY: $100,613.62 <<<<<<<<<<<<<<
- RATE PER DAY: $350.31
- RATE PER WEEK: $ 1,751.54
Serena Panas:
- Base salary (2010/11): $48,438.00
- Increment: $4,843.80
- Leave loading: $717.26
- Super: $4,859.91
- TOTAL PAY: $58,858.97 <<<<<<<<<<<<<<
- RATE PER DAY: $204.93
- RATE PER WEEK: $1,024.65
If the David Gordon Love (EUPA Training Council) online defamation saga wasn't the huge item in Western Australian politics this week, then what was? As we all know, David Love is the bloke who made an (albeit unsuccessful) tilt with TAC auditor Helen McCarter in the business world in the early 2000's. Add to that Joe Fiala of CEPU trying to make inroads from the union, to affecting our VET education system. Talk about a power grab attempt, Mr. Fiala! But this is just the start of Mr. Love's troubles, who has for the past several years tried to defraud the Australian Taxation Office.
It all started with a posting made by Kyle Kutasi (NECA) on Usenet. Mr. Kutasi, who holds a degree in law/commerce from Sydney University and had a tilt at University politics there, is of course the bloke who is described as a "racist, sexist, homophobic nerd" by Anarchobase, and (successfully) filed in a defamation proceeding as a former Liberal Party member against Melbourne University Press for calling him a "bestial character, a criminal, thug and standover man" in the NSW District Court. He was described as "a hooter, a hollerer, a drinker (who) seemed to live at the local pub (where there was) a legitimate suspicion ... that he started most of the fights". Kutasi is also described by Janine Cohen as "abusive and intimidating to fellow Liberals". Kyle has gone so far as to get a statutory declaration about a journalist saying "I know more about you than you could possible know. I have files on you. I have photos of you. I have statements from women saying that you assaulted them". Kutasi rooted David Clarke's daughter Ann-Marie Clarke. Kutasi was named on Vex News as a "pathological liar". Kutasi is a man of anger, stating on Vex News, "Don't know where you get your info buddy, but its a pretty shithouse source!" This is what Japanese sounding Mr. Kutasi wrote:
: PLEASE TAKE NOTE MR. DAVID LOVE:
: MR. DAVID LOVE: I HAVE FOUND PUBLISHED ONLINE A LIST OF PRIVATE ADDRESSES OF THE BOARD MEMBERS OF EUPA, WHICH HAVE BEEN TRACED TO AN INDIVIDUAL BY THE NAME OF STUART LOVE, WHO I ASSUME TO BE YOUR SON. PLEASE CEASE AND DESIST WITH THIS BEHAVIOUR WITH IMMEDIACY. WE HAVE TRACED THE DOCUMENT TO BEING WRITTEN BY A UNIVERSITY OF WESTERN AUSTRALIA COMPUTER, AND HAVE CONTACTED THE UWA LAW SCHOOL FOR FURTHER INFORMATION. WE HAVE ALSO NOTIFIED THE LAW SOCIETY OF WESTERN AUSTRALIA AND WA POLICE FORCE.
: YOUR ANIMOSITY TOWARDS NECA IS ENOUGH. WE ARE ALREADY AWARE OF BOTH YOU AND MR JOE FIALA'S NARCISSISTIC DESIRE TO CAUSE MAXIMAL DAMAGE TO THE NECA BRAND. WE ARE WELL AWARE OF YOUR ATTEMPTS TO BULLY GORDON DUFFY AND GARY FITZGERALD FROM THE DTWD TO NOT ASSIGN CONSTRUCTION -TC THE ELECTROTECHNOLOGY PORTFOLIO, DESPITE YOUR ORGANISATION'S INABILITY TO PROVIDE ANY POSITIVE REPRESENTATION FOR THE SECTOR IN THE PAST SEVERAL YEARS, APART FROM YOU AND MR JOE FIALA'S NARCISSISTIC DESIRE FOR POWER.
: ALTHOUGH WE UNDERSTAND YOU ARE DYING OF CANCER - PLEASE DEAL WITH IT WITHOUT RESORTING TO NARCISSISTIC ATTEMPTS TO HURT OTHERS AROUND YOU. IF YOU SUFFER FROM MENTAL HEALTH ISSUES, E.G. NARCISSISTIC PERSONALITY DISORDER - PLEASE SEE A PSYCHIATRIST. DON'T CAUSE US AND OTHER EUPA PARTNERS ANY MORE PAIN.
: PS: PLEASE NOTE THAT RAY HARRIS WILL BE COMING OFF THE EUPA BOARD
: THANK YOU.
: WRITTEN FOR
: KYLE KUTASI
: THE NECA TEAM
This was followed by a posting of all of the EUPA Board's contact details as political sabotage:
: David Gordon Love [Executive Director]
: Deborah Mavis Love
: Erika Love
: Stuart Love
: 146 Gildercliffe St, Scarborough WA 6019
: ---
: Kevin John Peachey [Project Officer]
: Michael John Peachey
: Rita Ann Peachey
: 35 Clarkson Rd, Bullsbrook WA 6084
: ---
: Serena Jane Panas [Administration]
: 50 Casilda Rd, Duncraig WA 6023
: ---
: Joe Daniel Fiala [Chairperson]
: Allison Faye Fiala
: 10 Macalister Gdns, Mirrabooka WA 6061
: ---
: Gerald Brian Upham [Union representative]
: Frederick Gerald Upham
: 11 Halwest Way, Alexander Heights WA 6064
: ---
: Harry McDonald [Electrical]
: Carmen Marie Mews
: 3 Rainer Mews, Willeton WA 6155
: ---
: John Phillips [Local government]
: ---
: Kevin Francis Poynton [Waste management]
: 68a Alderbury St, Floreat WA 6014
: ---
: Kim Schofield [Public sector]
: ---
: Neil Hooley [Water]
: 38a Raleigh Rd, Sorrento WA 6020
: ---
: Ray Harris [Electrotechnology]
: ---
: Toni Beverley Walkington [Public sector]
: 197 Washington St, Victoria Park WA 6100
: ---
: Gary Fitzgerald [DTWD]
: ---
: Geoffrey Thomas Wrigley [Oil & gas]
: Cheryl Anne Wrigley
: 7 Mayor Rd, Coogee WA 6166
: ---
: Kay Lesley Gerard
: 38b Pearl Rd, Cloverdale WA 6105
: Gordon Duffy
: Gabriella Duffy
: 20 Burragah Way, Duncraig WA 6023
A female user named Hilary then responded:
: It's hilarious how if you search for "Joe Fiala CEPU" on Google
A male, Gordon then comments:
: "David Love is a psychopath. This guy has some sort of serious narcissistic personality disorder."
: Then a lady named Beck responds:
: "People like David Love who are dying of cancer - do tend to behave narcissistic - didn't you know? Psychology 101. Cancer tends to bring out the psychotic sides of a person's character. Mr. Love would be a classical example, perhaps."
Finally, a user named Jane then states:
You should check out JOO/GCLM/4/2012 filed with the Magistrates Court of Western Australia on January 3, 2012. Doesn't exactly paint Mr. David Love in the brightest light:
: 1 Mr. Love stated on Dec/2 he wouldn't receive/pay for $14,896 services left on 0.5yr research contract (Aug/22-Feb/24), since:
: 1.1 "Casual employment" allowed for cessation whenever: Mr. Love failed to comply with ATO requirements for "casual employee" treatment, hence this point was rescinded.
: 1.2 There'd been insufficient quality of work: Quality of work similarly rescinded based on reference amount, length of document, originality of information, appraisals from other TC's.
: 2 In a surprise jab, reasons in conciliation were altered to "unethical, if not illegal" conduct, later explained to be use of proprietary university databases to conduct private work.
: 2.1 WAIRC fees (29.6km * 2 @ $0.63 / km (ATO)=$37.30, and $50 application fee = $87.30) asked for in addition due to lack of want to conciliate in good faith, and "put all cards on table". Respondent claimed this was apart of his "legal strategy".
: 2.2 Advised Respondent contemporaneously in conciliation "proprietary database" used datasets created by self; and no resources were used of the University's to conduct work.
: 2.3 Mr. Love is aware of Uni contacts because he asked to apply for an Australian Research Council grant. Mr. Love discarded the grant application before any serious work was actually done.
: 2.4 Although Mr. Love knew university resource not used to conduct work, when faced with difficulty finding data in public admin, Mr. Love requested their "database" use, because "that's what I want - I don't care how you get it - just get it".
Mr. Love is being sued for $15,242.40 in total. I smell bankruptcy here?
I contacted the WAIRC (raised in 2.1) for more information, and they directed me to case No. U 199 of 2011:
: I (Jeremy) worked for the EUPA Training Council (which primarily reports to the Department of Training and Workforce Development DTWD, and is of ABN 76 710 050 832 ELECTRICAL UTILITIES AND PUBLIC ADMINISTRATION TRAINING COUNCIL INC) as a researcher, beginning Monday 22 August 2011, intended until Friday 24 February 2012, pending a one month probationary period remunerated at $35/hr, paid fortnightly, with the employment offer delineated it "equates approximately $69,000 per annum". On successful completion, this hourly rate was boosted to $40/hr. This employment ceased after being dismissed at approximately 9:20am on Friday December 2 2011.
: Dismissal was on the grounds, as delineated on Friday December 2:
: - Work done was "unusable" and that the Managing Director had paid the "best part of twenty thousand dollars" for "nothing": In response, I (Jeremy) suggested that non-delivery was not possible, because checks were made in the first week essentially every second day; and subsequently, every week, along with fortnight submissions. If the MD was disappointed with the result, that the onus was on him to ensure the requisite quality was met, and instruction given earlier to remedy.
: - That "when requested a wall to be painted in green, received a red wall instead", in particular, development of such tools as the web site, in lieu: In response, I (Jeremy) delineated, and came to agreement with the MD, that the e-scan had been "completed" for the electrotechnology, electricity supply, gas supply, waste, water, and local government - and that the shortfall, was only for corrective services, public safety, and public sector - of which I was asked by the MD specifically to spend 1 day on, and hence the quality of those sections reflected the singular day effort. On the following Monday 28 November, I approached the MD to obtain a clarification given the inconsistency from the completion of the various e-scans and the "you've given me nothing", with the MD stating that on Thursday, he intentionally delayed a while before speaking to me, because he understood he was "angry", and that with several points, he had "retreated" - with the exception of the three e-scans (below).
: - That even the three documents produced over my (Jeremy's) weekend "wasn't what I [David] wanted": Although my (Jeremy) copy was asked to be deleted by the MD, we desire to obtain discovery of these documents, which would tend to show that the quality of the work, met, if not exceeded that, of work over the weekend (which is unpaid for, and further to the required work) - with appropriate referencing, gathering of secondary data facts, and prima facie analysis.
: - Publishing changes on the web site without prior approval: I (Jeremy) have obtained permission, asked, but on numerous occasions, the MD has forgotten that approval was given (or it was given without him knowing what the consequence was). Commonly, prior discussions later raised with the MD, would be responded in "no, I don't remember - could you refresh my memory?", which goes to propensity to recount facts correctly. In any circumstance, this is just a minor misunderstanding, and doesn't warrant the termination of contract.
: - That the terms of "casual employment" are such that, the Managing Director, can, at his own discretion, terminate the employment at his own will: My response to him was that I had felt "exploited" as a result of not knowing what "casual employment" constituted. However, the terms of employment were delineated as between a fixed period (Monday 22 August 2011 - Friday 24 February 2012, for 26 working weeks), with the "maximum 38 hour working week" delineated by the MD as meaning "that's all I [David] can pay you; you can work more, but that's up to you". Furthermore, if the employment agreement was such that the termination could occur at any time, the "probationary period" thus becomes moot, and could constitute a misleading and deceptive clause of agreement (and its presence suggests that termination can only be made during the probationary period). It is also notable, following the probationary period, remuneration was bumped up from $35/hr (+9%) to $40/hr.
: - That the "contractual" arrangement had no veracity, as a result of the fact that it wasn't written: This is a question of law that is disputed, as being wrong.
: Prior, on Thursday November 24, the Managing Director requested my pay check to not be put through on Wednesday November 23, which was reinstated on Friday November 25. On Thursday November 24, the MD brought up:
: - Utilizing organizational time to do other organization's work: The response provided was that this was based on hearsay evidence from a colleague, and that direct evidence would tend to directly contradict this (namely, that an employee, if desiring to work on another organization's work, wouldn't tend to turn the direction of the computer screen, as to be directly in view of a person who walked into the room). It is believed, given the MD hadn't raised prior issues with me, and that the first time he did was on Thursday November 24, that this fact lies, within his interpretation, as the pinnacle issue; given that I'd departed the organization at Wednesday November 23 at 4.30pm, and that only Kevin (my colleague) and the MD discussing were the only between events.
: - That he had an issue with the level of noise: After conferring with Kevin (colleague), it was decided that this was likely due to a single conversation (in particular), several weeks ago, which was directly work related, although "didn't seem to be going anywhere". On Monday, 28 November, Kevin brought up that he had been disappointed about the lower levels of conference, and that he had hoped the workplace could still involve chitter chatter to "make the workplace fun".
: - That the work could not be understood by stakeholders, as it contained jargonacious and loquacious language: Of which I (Jeremy) responded that I would work on between Tuesday November 29, and intended on submitting on Friday December 2. This was never even read.
: I (Jeremy) also brought up, in response, contemporaneously in response to being dismissed, on Friday December 2:
: - That I (Jeremy) felt there had been a history with the employer (David Love), given that the person I was replacing (Lee Pritchard), also underwent a "forced resignation" (as delineated by Kevin), suggesting that the employer think about reaching an amicable solution rather than resolving to the courts.
: I (Jeremy) am seeking for compensation of and/or reinstatement of employment for the remaining months. The pay check is up to date until November 23. Including the Christmas exclusion of December 23-January 3, is $3,040 due December 7, $3,040 due December 21, $912 due January 4 (pro rata for 3 days, December 22, January 3 and 4), $3,040 due January 18, $3,040 due February 1, $3,040 due February 15, and $608 due February 17 (pro rata for 2 days). This amounts to $16,720.
: The payable amount from Fri 25/11 to the end of contract is $14,896.1 The defendant (Mr. David Love) contests that as a result of the word "casual", the contractual arrangement can be broken at any time. The plaintiff argues that the arrangement was contractual, and there is thus breach of contract. Even if it is construed there is casual employment, it is argued that simply delineating the words "casual" doesn't mean a worker doesn't have the right to expectation of continued employment, where delineated, and can be demonstrated by constructive facts.
: The WAIRC filing undertakes the defendant's (David) assumption employment was casual (as stated on Fri 2/12). The right is reserved to dispute this classification. The plaintiff is willing to accept this point uncontested, such that the WAIRC is directed employment was contractual, and thus ultra vires to its jurisdiction. The matter can then be contested in Court for contractual breach. Where contest is made employment was casual, WAIRC costs will be requested.
: Kindly requested is also that non-disputed facts are agreed to:
: - Monday, 15 August 2011
: Advertised job on Seek.com.au that requested for a worker with an "ABN" (showing intent to contract)
: Job interview, followed with acceptance. Asked if prefer contract or employee, replied don't mind, [David] responded am able to offer better rate with contract, but can't offer long service leave, sick leave (never noting discrepancy was that casual employment - or at that point, contract, could involve early at-whim dismissal). Asked if had ABN, replied not, but would obtain one. Stated would start on casual employee, and change to contract as necessary. Job offer sent via e-mail, accepted by telephone call back. Never billed as casual, super not paid into superannuation account, PAYG payroll tax not withheld, did not provide pay slips, did not deduct student loan repayments, TFN not filed with ATO, only 4 invoices issued over contracting period - all showing intention to contract.
: Requisite standard of recent university graduate, non- specialized knowledge within industries, well known (and later confirmed within your knowledge, on Thursday, November 24)
: - Monday, 22 August 2011
: Start of job, with intended finish date of Friday 24 February, delineated as "26 working weeks".
: Asked on Monday, with regard to what "maximum 38 hour working week meant", noting concern it seems to mean can be offered no hours, and hence paid for less than 38 hours; response delineated, as meaning "you can work more than 38 hours, but that's all I can pay you for"
: - Monday, 22 August 2011 to Friday, 2 September 2011
: 2-week completion and check for the electricity supply e-scan. The amount of $1,824 ($16,720-$1,824=$14,896) was invoiced until Thu 1/12.
: - Monday, 5 September 2011 to Friday, 16 September 2011
: 2-week completion and check for the gas supply e-scan
: - Friday, 16 September 2011
: Discoverable evidence showing bill on 16/9 for electricity supply and gas supply e-scans
: - Monday, 19 September 2011
: Review of performance, along with upgrade of remuneration from $35/hr to $40/hr
: - Monday, 19 September 2011 to Friday, 23 September 2011
: 1-week work on electro technology e-scan
: - Monday, 26 September 2011 to Wednesday, 28 September 2011
: 3-day completion for the center of excellence non-e- scan work task
: - Wednesday, 28 September 2011
: Discoverable evidence showing bill on 28/9 for electro technology e-scan and center of excellence work task
: - Thursday, 29 September 2011 to Thursday 6 October 2011
: 1-week extra work for 2-week completion on electro technology e-scan. "Full two weeks" was designated despite small sector, to pursuing overturning DTWD opinion on antagonistic organization, NECA (a competitor)
: - Friday, 7 October 2011
: 1-day work on public sector, public safety, local government and corrective services. It is notable these 4 sectors were never billed.
: - Wednesday, 12 October 2011
: Discoverable evidence showing bill on 12/10 for electro technology e-scan
: - Monday, 10 October 2011 to Friday, 21 October 2011
: 2-week completion of waste sector
: - Monday, 24 October 2011 to Friday, 4 November 2011
: 2-week completion of water sector
: - Wednesday, 9 November 2011
: Discoverable evidence showing bill on 9/11 for waste and water e-scan
: - Monday, October 31 2011
: Deadline for the executive summaries by DTWD, which should have tended to have been based on the e-scans produced (but yet, no disapproval expressed yet)
: - Monday, 7 November 2011
: Advised final completion of all e-scans
: - Monday, 7 November 2011 to Tuesday, 22 November 2011
: 2-week review of work (as requested), and to ensure "yellow tab" changes was included. Asked on Monday 14 November, "do you really have nothing to do?" and answered "am going through work to review, but likely, better use of time once the workforce development plan is completed".
: - Wednesday, 23 November 2011
: Earliest notification of issue, in relation to the lack of delineation of "how big, how large" sectors are, though after agreeing these had all been contained for electro technology, gas, waste, water, and local government - was actually only lacking for local government (and unnecessary in public sector, public safety and corrective services) - for which 1 day was spent on.
: Although it can be argued, due to busyness, Wednesday, 23 November 2011 was the first time David actually reviewed work; this is five business days off from the DTWD deadline.
: - Wednesday, 23 November 2011 to Friday, 25 November 2011
: 3-day completion of local government e-scan. It is notable local government was never shown on a bill.
: - Wednesday, 23 November 2011
: Discoverable evidence showing bill on 23/11 for public sector e-scan. It is notable this wasn't put through, until Friday November 25, which may possibly be seen as unconscionable conduct.
: - Wednesday, November 23
: Had amicable conversation with David before leaving. Only discussion David had in between was with colleague (Kevin Peachey). Kevin recalls conversation causing anger was likely relating to reference made to questions asked with regard to a research "system" (which I subsequently explained I developed over a single weekend, with only a few hours).
: - Thursday, November 24
: Was advised is angry in the morning, several hours later, am asked immediately "how much of this is EUPA's work - and how much of this is other's work?" Told is disgruntled by work (coming as a surprise, though reference to earlier conversation is made). Though settled e-scan is there for all sectors, except public sector, public safety and corrective services
: - Friday, November 25
: 1-day and weekend completion of the 3 e-scans for public sector, public safety and corrective services
: - Monday, 28 November 2011
: After having a discussion, where David recalls being angry, come to amicable recognition e-scan is there; only need is to simplify English to reduce loquacious language.
: - Monday, 28 November 2011 to Thursday, December 1 2011
: Simplified English. It is notable this remedial work was never received or analyzed.
: - Thursday, December 1 2011
: Received call for need to come in and talk about "what you're [Jeremy] doing for us"
: - Friday, December 2 2011
: Termination of employment at 9.20am, along with hand back of keys
: - Friday, February 24 2012
: Intended completion date
: Facts that are suggested to be agreed upon, as inferred from the timeline, are:
: - Work has been completed in a tight deadline, with 5 e-scans completed within 2 weeks each, an e-scan and report produced in 3 days each, and 3 e-scans produced all within a 2 day period
: Disputed questions of law:
: - Whether casual employment (simply by way of the term being enlisted) affords the reasonable right of ongoing employment for the fixed term, if expressly stipulated
: - Whether it is lawful to state that a fixed agreement is "casual", given that the standard definition of "casual" is employment on an irregular basis, with no set roster or routine, only retained on an as needs basis. Factors that point to non-casual employment include:
: o Numbers of hours work per week is 38 hours, full time o A roster system is not published in a week advance
: o The employment pattern is regular and systematic
: o Reasonable expectation of continued employment
: o Employer requires notice of absence
: o Starting and finishing time was designated at 9am to 4.30pm
: - Whether the employment capacity can be considered casual, if superannuation was not paid to a superfund, taxation obligations were not upheld by "employer", monies was paid to a corporate (not personal) account
: - Whether an orally agreed to contractual employment arrangement, can constitute a legal agreement
: - Whether estoppel can permit the contractual arrangement to be expressly stated by the court, as a result of constructive reliance on such agreement
: Disputed questions of fact:
: - Whether the quality of the work met the requisite standard that would be reasonably expected of an employee, of the same caliber
: o Will be argued consideration should be given to the number of references given, the length of documents, the originality of information (i.e. not plagiarized)
: o Will be argued that the quality of work by the other training councils should provide indicia of what is reasonable
: o Will be argued that statements of other training councils, notably, Jane Piercy (RAPS T/C)'s "wow", and comment that the work had been completed (1) so quickly; (2) with such rigorous referencing; and (3) in such stylish design; noting that it took her T/C 4 weeks in 2010 to develop each e-scan, though an entire team of 3 people were working on it
: - That there was never intention of employment beyond 3 months, but that, delineation of this on Seek.com.au and/or the job offer, would have caused a reasonable person to turn down the offer
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https://groups.google.com/group/aus.sport.rugby-league/browse_thread/thread/422902c89ab4553f#
https://groups.google.com/group/alt.politics/browse_thread/thread/013149c916c7e6d1#
https://groups.google.com/group/nctu.talk/browse_thread/thread/5a50b7113d833f63#
https://groups.google.com/group/tw.bbs.campus.nctu/browse_thread/thread/b6e940af712dad37#
https://groups.google.com/group/seattle.jobs.wanted/browse_thread/thread/5e3f558b89c308d1#
http://www.my-cause.com/who_is_david_love__why_hes_a_psychopathic_abuser
http://www.ipetitions.com/petition/kay-gerard-dtwd-is-a-psychopathic-moron/
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men that hit women
men should not hit women as its a criminal affence the men who it women are sick and not all there
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F.29 Bring About Corporate Decline
Taking inspiration from Shut Down the Corporations(.org) and the Occupy Movement, F.29 Bring About Corporate Decline aims to decrease the power of corporations through individuals freedom of choice by abstaining from making purchases from any corporations on the day of February 29, 2012. Corporations that are involved with the American Legislative Exchange Council (ALEC) should specifically be avoided. Some problems that corporations create are false concepts of variety, the lack of specialized professions, and restriction of money flow due to outsourcing. Corporations have taken over the mass market and do attempt to contribute to their local environments but at the same time have discouraged entrepreneurs as well as decreased the public's standard of living.
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