G'Day all,

I just got a reply back from Sallie regarding the notice. Earlier I stated
that I had only two weeks notice instead of one months denoted on my
contract. By proving my APESMA legibility, I lose my one months notice back
to two weeks, but get one months redundancy instead of two weeks. Therefore,
I gain absolutely nothing. If you have the inclination, read my request to
Sallie, her reply and finally my reply to her again (which I have just
sent). Give her credit, she at least responds.


Mark Shannon


Hi Sallie,

Firstly, please excuse me for misspelling your name in previous emails.

With your comments, respectively I disagree with your points in that
firstly, the whole purpose of proving my eligibility was for the one month
notice which was standard OT practice for redundant people, yet DTT denied
it as being applicable to us. It did not at any stage wipe out my
entitlements on notice. Nor did they state this would happen.

Just to outline the situation, I (amongst many others) were given one months
notice (which is on my employee agreement). On being made redundant I was
only given two weeks redundancy in which this length of redundancy went
against the trend of ALL previously made redundant people. Then, DTT stated
that if you can prove eligibility to APESMA, we'll give you one months
redundancy. It never said, you would lose out on other things. Surely, DTT
are playing with semantics and outside of human decency? They are hiding
behind every curtain. Even the Department of Employment and Workplace
Relations admitted that it was common OT practice to give one month's
notice. Now, you are saying you can have one or the other? I think that is
unfair Sallie and with respect totally beyond belief. I do not accept this.

In summary, I have the right to one months and proven at DTT's request one
months redundancy. Please do not forget the fact that we, as ex-employees of
OT, were:

1) Unemployed for a period of extended time (in my case 2 months...bills,
mortgages, new born baby etc)

2) Have waited 15 months now and 17 months by the time of the first payment

3) The company is now up and running again and not going to pay us out in
full

4) and the big bonus, whatever is worked out to be the final figure, we only
get 43% of what we entitled to less the percentage of the total pool of
funds divided by the total owed.

Respectively, again I disagree with DTT assessment as my employee agreement
gives me one months notice and as it is not stated on my employee agreement,
APESMA eligibility gives me one months redundancy (as per DTT request).

Sallie, so what happens now please?

Thanks for your time.

Kind regards,

Mark Shannon

Ph: 03 9396 1599

Fax: 03 9396 1627



-----Original Message-----

From: Muir, Sallie (AU - Sydney) [mailto:smuire@...]

Sent: Thursday, 23 October 2003 3:15 PM

To: Mark Shannon

Subject: RE: Entitlements



Hi Mark,

If you refer to our circular to employees dated 28 August 2003, we discussed
the issue of notice & redundancy. We noted that your employment contract
does provide for one months notice, however redundancy in addition to that
one months notice was not payable. Because of this, we then gave employees
the opportunity to prove their eligibility for APESMA (which you have), in
which case we would then pay out the notice & redundancy in accordance
with the Award. In your case the Award provides for 2 weeks notice & 4
weeks redundancy. In the event that the dollar value of the Award
entitlements was less than the one month's notice we would apply the one
months notice.

Hope this has clarified it for you, if not please let me know.

Regards,



Sallie Muir

Deloitte Touche Tohmatsu

(02) 9322 5621





-----Original Message-----

From: Mark Shannon [mailto:mshannon@...]

Sent: Wednesday, 22 October 2003 1:34 PM

To: Muir, Sallie (AU - Sydney)

Subject: RE: Entitlements

Hi Sally,

I received my entitlements letter last night. The only thing that seems to
be incorrect is the "Period of Notice" amount/time. I am believe it is for
one month not two weeks as indicated. All else is correct. Can you please
confirm or advise.

Thank you in advance.

Kind regards,

Mark Shannon



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