Printed from https://fyi.org.nz/request/5780-human-rights-breach-by-ird-policy-no-work-references-provided on April 26, 2024 15:08

Human rights breach by IRD policy - no work references provided

D Dahya made this Official Information request to Human Rights Commission

Response to this request is long overdue. By law Human Rights Commission should have responded by now (details and exceptions). The requester can complain to the Ombudsman.

From: D Dahya

Dear Human Rights Commission,

Re: 114573

I lodged a complaint regarding a govt agency not providing references, not advising me at start of employment nor during it and so has disadvantaged me regarding future employment.

This complaint was declined by HRC I then lodged a second complaint this time with a wider scope - applying to all employees of the agency and even though the 2 complaints are related one of them applies to the general public or all employees of that agency - and so is in the public interest.

Once again my this second complaint was declined by Maxine Leilua for the following reasons -she advised that it is the same complaint and is identicle to the first complaint which was declined. The first complaint was declined for a reason that can't be applied to the second complaint. It appears that Maxine Leilua has not looked into this matter thoroughly enough before deciding to decline the second complaint.

The second complaint was declined because the 1st complaint was declined and the second complaint is identicle to the 1st.

I disagree with this as the first complaint related to me specifically whereas the second complaint is 'broader' with a wider scope ie it applies to any future employees including those currently employed by IRD and therefore is a matter of public interest.

The second complaint may be related to the first which is specific to an individual /the complainant, myself, whereas, the second complaint is applies to anyone that becomes an employee of that organisation and so the HRC must consider this as a separate complaint

Yours faithfully,

D Dahya

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Luke C left an annotation ()

This is not an official information request, but a rather is a complaint.

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From: D Dahya

Dear Human Rights Commission,

Luke, to clarify, I wanted to know on what grounds have you declined the second complaint?
I will lodge this as a complaint if that is preferred and put this request on hold for the interim.

Yours faithfully,

D Dahya

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Luke C left an annotation ()

Hi

1.1 You can ask for a statement of reasons why the second complaint was second complaint was declined. It is a good idea for you refer to section 23 of the Official Information Act when you
make your request, so there can be no doubt that you are seeking a written statement of reasons. For more information about this option, see this guide: http://www.ombudsman.parliament.nz/syste...

1.2 Section 23 doesn't use the word "grounds".

1.3 You can keep this request (#5780) active. You don't need to put it on hold. But just be aware that you need to be clear about what it is you are wanting. This is not an 'OIA request' in the normal sense, but rather you are either asking for the reasons or you are complaining. If you are asking for the reasons then that is part of the Official Information Act and you can keep your request active here. If it is a complaint about a decision other than releasing information, then that would be best dealt off this website (I think).

1.4 Note that your request already refers to the reasons ("Once again my this second complaint was declined by Maxine Leilua for the following reasons...) so I you may get the same answer again. However asking for a statement of reasons may give them pause to reconsider.

2.1 Alternatively, you could ask the HRC to review its decision to decline your second complaint and give a bulleted or numbered list of reasons why you want them to reconsider your second complaint. It would be up to the HRC as to whether they decided to review their decision.

3.1 If you still have no luck after pursuing options 1.1 and 2.1 above, you could ask the Ombudsman to investigate and review the HRC's decision, persuant to section 35 of the Official Information Act.

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