Flawed BRC hearing / Failure to correct official MSD document/Key omissions from BRC report

D Dahya made this Official Information request to Ministry of Social Development

Response to this request is long overdue. By law Ministry of Social Development should have responded by now (details and exceptions). The requester can complain to the Ombudsman.

From: D Dahya

Dear Ministry of Social Development,

In December 2014 I applied for the role of Web Administrator which was subsequently declined despite asking support for this application ie CV preparation and advice etc which I never received . I then challenged the decision by putting 2 questions to MSD via Review of Decision process(dated 28/11/14) and then subsequently a BRC hearing (24/6/15). The second point being the most relevant and pertinent to the 'Review of Decision' process as it relates to MSD's obligation to the job seeker which in turn applies to the Social Securities Act.

1. Why didn't I get the job?
2. Did MSD have an obligation to provide me support for this job application?

I believe there was a flawed process relating to the BRC hearing hence the information request ie the BRC panel claimed BOTH points related to the Employment Relations Act & they omitted relevant detail in their BRC findings/report.

I still seek correction of information of the BRC report dated 7/7/15.

In July 2015 I submitted a 'Statement of correction' which was refused by Stephen Ward. Regardless of whether they agreed with my 'statement of correction' or not they were obligated to attach it to the BRC report as per Privacy Act.

I would like to re-submit that again should MSD, once again, refuse to address(correct) the BRC report omissions.

Refer to the following information requests:

1. I would like to re submit the following question to MSD and a decision to be made.
Did MSD have an obligation to provide me (any) support for this job application?

2. I request that the BRC/MSD confirm (or deny) that the MSD representative (MD) was in fact present at the BRC hearing in question.

3. I ask the BRC to acknowledge/respond to my claim that a decision was made at BRC hearing by the MSD representative who stated "There is no legislation and so there is no obligation".

4. During the BRC hearing I provided verbal submission only but offered a written one later the same day which was refused by the BRC.

Could the BRC have accepted my written submission offered on the same day after the hearing which clarified several points at the hearing?

5. Why wasn't the MSD representative's(MD) presence(and input) at the hearing recorded on official MSD documents including the BRC report?

6 Is there any communication on file at the time of the hearing that indicates my understanding that the MSD representative was present at the hearing and, if so, I request a copy of it?

This matter arose as a result of my job application to MSD being declined and relates specifically to MSD's obligation to provide support for my job seeking activity's which they didn't provide in this instance.

This FYI request is a result of the right for accountability, transparency, ownership and ensuring a fair and reasonable process is carried out.

Furthermore, I call on MSD/BRC or the Authority to refute ANY of my claims above and, if they do, then please explain them.

Lastly, I cite s27(1) of the New Zealand Bill of Rights Act 1990 'Right to justice' which relates to complying with the principles of natural justice.

(1) Every person has the right to the observance of the principles of natural justice by any tribunal or other public authority which has the power to make a determination in respect of that person's rights, obligations, or interests protected or recognised by law.

Yours faithfully,

D Dahya

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