Elborado Showdown – The Shit Hits The Fan pt 2

New Zealand Employment Law is defective

19 August 2009
I’ve seen lots of anecdotal evidence that it’s difficult for firms to fire problem employees under the Kiwi Employment Relations Act. The procedures are often described as onerous.

Here’s a great one. Disgruntled employee of Inland Revenue (the Kiwi IRS) drives his car through the plate glass first floor windows of the IRD’s Christchurch Office, then tells the attending police officers that he had every intention of doing it.

IRD’s notification letter to David Theobald, the driver, is hilarious and depressing. The whole thing is documented here, including photos of the crash scene, the police report, and the letters from IRD to Theobald subsequent to the crash. Relevant excerpts:

From the police report:

The defendant admitted the facts as outlined and explained his actions stating ‘I had every intention to do that. I’ve thought about it and knew exactly what I was doing. I had warned them that someone could drive through there with a bomb in the car and create another 9-11, as they had no security measures.’

Seems pretty clear-cut. IRD’s response:

Commencement of an Employment Investigation

1. Information has come to my attention which indicates that you may have intentionally driven a vehicle through Inland Revenue’s Christchurch building on Saturday 15 August 2009. I am commencing an employment investigation in to this matter.

2. I am concerned that your conduct may be inconsistent with the Code of Conduct (contributing to a safe workplace and ensuring personal activities do not discredit Inland Revenue) and/or, the Standards of Integrity and Conduct, and/or your obligations to Inland Revenue, and that if substantiated, this conduct may amount to serious misconduct.

Suspension

3. Given the nature of the allegations I am considering whether, or not, suspension is appropriate. Your employment agreement provides for this to be on pay.

Wow.

bk drinkwater said…
Your headline is a noble attempt at understatement greater than part (2) of the IRD letter.

Philip said…
I don’t have much of a problem with the IRD letters. They will just be form letters. I mean it’s pretty obvious in this case, but there would be cases where employees were accused of crimes/misconduct where it would be a lot murkier. It’s probably a lot safer/cheaper/easier for everyone involved if the IRD just sends out the same letter to everyone that they are investigating rather than starting to tailor the letter to specific cases..

ONE News – The vehicle of David Jerrold Theobold

Reprinted from:
http://tvnz.co.nz/national-news/disgruntled-employee-crashes-into-ird-building-2926890
19 August 2009

th_Tv
ONE News – The Vehicle of David Jerrold Theobold
ONE News - The vehicle of David Jerrold Theobald
ONE News - The vehicle of David Jerrold Theobald

A disgruntled tax worker has left the Inland Revenue in no doubt about his feelings towards them after driving his car through the front door of their Christchurch building.

David Jerrold Theobald, 47, appeared in Christchurch District Court on Tuesday charged with intentional damage and reckless driving, after driving into the building at 6.30am on Saturday.

The pictures posted on his blog show a portrait of a man making a stand just moments after he ploughed through three plate glass doors parking his car in the Christchurch Inland Revenue reception.

“At the end of my tether going for one last kamikaze move – this was a very carefully calculated protest,” says Theobald.

It was so carefully calculated he says, he checked there would be nobody in the building at the time.

“It’s cathartic, I actually feel a great release now,” he says.

Theobald describes himself as paranoid, and a depressive. Having worked for the IRD for 25 years, he says he was driven to the protest after a three year employment dispute.

He said he was fed up with what he saw as concealment of workplace bullying and incompetent management at Inland Revenue.

“This has been going on for three years, and now I’ve got four official information requests in with them and they’re making that as onerous as possible … this was just a way to make a gesture.”

Theobald’s friend Ross Dixion says he has been under constant pressure.

“He has just been under repeated constant pressure where he felt like he was getting nowhere,” she says.

The IRD has no comment about the damage or the employment matters, but the owner of the now battle-scarred building has much to say.

“Beating up on the IRD’s a national sport. Most people see he act as something he has managed to carry out against the IRD but it’s actually against someone’s private property,” says building owner Simon Henry.

Theobald has documented the incident all online and says he would not do it again – unless pushed.

“I wouldn’t do it again, unless I went through three years of harassment the way I have with the IRD,” he says.

Theobald has been remanded on bail to reappear on August 31.

Interesting comments on elborado story from Fishing.net.nz… as usual

Reprinted from:
http://www.fishing.net.nz/asp_forums/forum_posts.asp?TID=44184&PN=1&title=david-theobald-crashes-ird

My alter ego’s actions seem entirely reasonable if has to deal with people who speak like this on a daily basis: 
“Information has come to my attention which indicates that you may have intentionally driven a car through Inland Revenue’s Christchurch building … I am concerned that your conduct may be inconsistent with the Code of Conduct.”
Not sure about the Mick Eldorado bit though 

The beard was a clever disquise though Obie
 
Hummm was there a Mazda in that car line up of yours??? 
Now if they had said your band was the Marlin Axeman ha!LOL 
Obie and the Marlin Axeman… got a ring to it, Boulder playing 2nd fiddle???
 well done that man.
 
 Wouldn’t surprise me if the careful manner in which he did the deed and the way he ensured no others were likely to be injured during his gesture are actually found to be covered in the code of conduct.
 
What a crock, the man should get hung, drawn and quartered. 
Drawn by the finest artists, hung in the best galleries and quartered in the top hotels!
One day the boffins at IRD might actually realise how stressful their PC-ness is to us mortals.  Then again maybe not…

Will the real slim shady please stand up 
Yeah and doesn’t the statement by Mr Crawford epitomize the utter b.s. world he must live in.
Reckon David Theobald should now sue IRD, claim ACC, get over $1000 per week on benefits..

Elborado Showdown – The Shit Hits The Fan pt 2

Show Your Support… join MICK ELBORADO IS INNOCENT now!

Reprinted From:
http://www.stuff.co.nz/dominion-post/news/2764914/IRD-drove-me-to-this

IRD drove me to this

By STACEY WOOD – The Dominion Post
19 August 2009

TAXBREAK: David Theobald said he was prepared to accept the consequences after driving his car into an IRD building.
TAXBREAK: David Theobald said he was prepared to accept the consequences after driving his car into an IRD building.

A taxman driven around the bend by continuing work woes drove his car through the building where he had worked for 25 years.

David Jerrold Theobald, 47, drove his Mazda 626 through the foyer of the Christchurch Inland Revenue building on Cashel St at 6.30am on Saturday after a three-year employment dispute.

He crashed through two sets of glass doors and smashed a third on the other side of the foyer before coming to a stop.

Mr Theobald said he had gone to great lengths to avoid risk to any staff.

“I checked with the cleaners the night before to make sure no-one would be in the building. I drove right up to the doors, looked both ways, then slowly pushed forward till the doors broke.”

Mr Theobald said he was fed up with what he saw as concealment of workplace bullying and incompetent management at Inland Revenue.

“This has been going on for three years, and now I’ve got four official information requests in with them and they’re making that as onerous as possible … This was just a way to make a gesture.”

He also wanted to highlight how easy it would be for someone with terrorist intentions to ramraid the building with a truck full of explosives. “It’s just another 9/11 waiting to happen.”

Mr Theobald is a fixture of the Christchurch music scene. He is known as Mick Elborado when he plays with his band The Axemen and in other groups.

He appeared in Christchurch District Court yesterday charged with intentional damage and reckless driving and was remanded on bail till August 31.

He told The Dominion Post he had not decided how he would plead, but was prepared to accept the consequences of his actions.

Inland Revenue would not comment on the incident as it was before the court, but Mr Theobald has received a letter from human resources head Patrick Crawford.

In it, Mr Crawford said: “Information has come to my attention which indicates that you may have intentionally driven a car through Inland Revenue’s Christchurch building … I am concerned that your conduct may be inconsistent with the Code of Conduct.”

Mr Theobald could face up to seven years in prison if found guilty of criminal damage.
Reprinted from:
http://news.msn.co.nz/article.aspx?id=851637

‘Bullied’ taxman drives car through workplace

By MSN NZ staff
Wednesday, August 19, 2009

daveA Christchurch tax worker smashed his car through his own Inland Revenue office because he was fed up with “incompetent management and workplace bullying”.

David Jerrold Theobald, 47, drove through two sets of glass doors and smashed a third at the Christchurch Inland Revenue building before coming to a stop.

Mr Theobald, a well-known musician in Christchurch who has worked for the IRD for 25 years, said he had been careful not to put lives in danger.

“I checked with the cleaners the night before to make sure no-one would be in the building,” he told The Dominion Post.

“I drove right up to the doors, looked both ways, then slowly pushed forward till the doors broke.”

Mr Theobald posted pictures of the damage on his blog , along with copies of legal documents he received from police and his employer following the incident.

One of the documents was a letter from Inland Revenue human resources head Patrick Crawford.

“Information has come to my attention which indicates that you may have intentionally driven a car through Inland Revenue’s Christchurch building,” Mr Crawford wrote.

“I am concerned that your conduct may be inconsistent with the Code of Conduct.”

Mr Theobald said he was upset with what he saw as workplace bullying and incompetent management at Inland Revenue.

“This has been going on for three years and now I’ve got four official information requests in with them and they’re making that as onerous as possible,” he said.

“This was just a way to make a gesture.”

He also said he wanted to highlight the potential for a terrorist attack if someone were to drive a car full of explosives into the building.

“It’s just another 9/11 waiting to happen,” he said.

Mr Theobald appeared in court yesterday. He has been charged with intentional damage and reckless driving and could face up to seven years in prison if found guilty of criminal damage.

 

Reprinted from:
http://keepingstock.blogspot.com/2009/08/taxman-cometh.html

The Taxman Cometh…

We had a bit of a chuckle when we read this story on Stuff this morning: 

A taxman driven around the bend by continuing work woes drove his car through the building where he had worked for 25 years.

David Jerrold Theobald, 47, drove his Mazda 626 through the foyer of the Christchurch Inland Revenue building on Cashel St at 6.30am on Saturday after a three-year employment dispute.

He crashed through two sets of glass doors and smashed a third on the other side of the foyer before coming to a stop.

Mr Theobald said he had gone to great lengths to avoid risk to any staff.

“I checked with the cleaners the night before to make sure no-one would be in the building. I drove right up to the doors, looked both ways, then slowly pushed forward till the doors broke.”

Mr Theobald said he was fed up with what he saw as concealment of workplace bullying and incompetent management at Inland Revenue.

“This has been going on for three years, and now I’ve got four official information requests in with them and they’re making that as onerous as possible … This was just a way to make a gesture.”

He also wanted to highlight how easy it would be for someone with terrorist intentions to ramraid the building with a truck full of explosives. “It’s just another 9/11 waiting to happen.”

Doubtless there will be many of us who will at some point in our lives have been tempted, sorely tempted to lash out at the IRD. But the overwhelming majority manage to resist said temptation. And there’s a certain delicious irony in an employee of the IRD accusing the department of workplace bullying when we taxpayers regularly feel bullied by the likes of Mr Theobald and his colleagues!

And mindful of Mr Theobald apparently being a serial litigant, we also chuckled when we read this: 

Inland Revenue would not comment on the incident as it was before the court, but Mr Theobald has received a letter from human resources head Patrick Crawford.

In it, Mr Crawford said: “Information has come to my attention which indicates that you may have intentionally driven a car through Inland Revenue’s Christchurch building … I am concerned that your conduct may be inconsistent with the Code of Conduct.” 


The letter is extremely careful in its wording is it not? We would have thought that this was a pretty clear case of serious misconduct by way of the wilful destruction of departmental property; something that would normally warrant summary dismissal. Mr Theobald’s concerns about workplace bullying could very soon be addressed – but not in the way he may have expected!!

A statement from Mick – Monday 17 August 2009

Show Your support… join MICK ELBORADO IS INNOCENT now!

ask the same of anyone awake or woken up.

1: appear in court and behave

2: walk to the crime scene gathering a motley crowd of the slightly curious hoping for more action.

3: make a very short speech calling upon tony mccone senior human resources officer to resign within 24 hours if he believes the actions of ir human resources staff will not withstand the main code of conduct test of ‘the closest public scrutiny’

4: advise that because of the results of his incompetence i require payment in front of ir at this time tomorrow.

5: advise that if he does not resign and he’s found to have sanctioned any actions which arouse public disgust it’s 10 times his salary or everything he owns except his home.

6: give the commisioner of inland revenue one week to hear whether all actions can withstand public scrutiny – if not the same thing.

7: the next steps escalate to ir shifting all its banking to Kiwibankor another bank with nz ownership no matter what the cost and if they work theres leverage to change the world. You all helped!

I bet this is the first plan for world undomination transmitted by txt, facebook and hopefully youtube, if anyone films it

– let’s see anyone shut down fcbk youtube and txting in one week.

If this crazy strategy works we all work 3 day weeks and live better, all meaning NZ and the world – if it gets shut down then it was already too late, but then any opposition will be visible.

All the planets are in line and they won’t be again – forget scrabble and soaps – just for a day or so.

Huge thanks to all:

special mention to Amy, Ange, Alex, Ros, Steve, Joanne, Peter Hall-Jones, my union, and Emma Goldman.

Elborados Fury – Drive In Saturday



Inland Revenue's new 24 hr drive thru in Chch

Mick at Grand Opening of Inland Revenue’s new 24 hr drive thru in Chch

Show Your Support… join MICK ELBORADO IS INNOCENT now!


On Saturday August 16, 2009,  Axemen Taxman, grunty bass player and disgruntled employee Mick Elborado decided he had had enough and wasn’t  going to take it any more after years of abuse from the IRD.


Driving into the place that had been his nemesis for the past 25 years he felt an eery calm as he took the final turnoff, revved the vehicle and drove through 3 plate glass windows and into the reception area, then stepped from the car taking care not to trample the glass into the new carpet – “I didn’t want to get in trouble” – and calmly waited for the police to arrive.




Te Tari Taake or Te Tari Turkey?

Te Tari Taake or Te Tari Turkey?

On their arrival he quipped “Its OK officer, I work here!” as they cuffed him and hauled him away.




Its Ok Officer I work here!

Its OK Officer I work here!

When asked for a quote about the split he cited musical differences and wanting to spend more time on his private projects – “My dentistry business is really picking up!” he chirpily quoted to one reporter.


It was fairly obvious robbery was not the motive, in fact as with many people that come through these doors he later noted he later checked his wallet and realised he had left with $150 less than what he came in with. “Even after all these years I still don’t know how they do that” he noted, shaking his head.




Mick doing the hard yards awaiting bail

Mick doing the hard yards awaiting bail

After 6 hours in the infamous Sydenham Prison he was put out on the street on bail with his brother Des.


We will be following his case with interest and keeping you posted.


Post: Amble Testicle Evict, with Micks Blessings