The award specifies notice periods that vary according to years of service.
See my email of yesterday.

DTT have now accepted me as eligible for the award, and my notice has gone
from contracted 1 month to 4 weeks under the award. Only 0.33 wks but I am
still going to argue it - they've already got enough of my money.

I have also asked Sallie the following (no response yet):

1. What happens if Deloitte and I cannot agree on the level of my
entitlement
by 18th Nov? Does that mean that Deloitte will pay me Deloitte's assessment
of my entitlement, or that I will get nothing?

2. Will the first dividend only go ahead if no individuals dispute their
figures? If there are disputes, how will you calculate the total of all
entitlements so that you can work out the percentage (i.e. the approx 43%
figure)?

----- Original Message -----
From: "Steve Gerlach" <gerlach@...>
To: <otmushrooms@...>
Sent: Friday, October 24, 2003 3:36 PM
Subject: RE: RE: [otmushrooms] Notice


> What I can't understand is why some of us received 4 weeks and some of
> us 2. Surely our contracts were the same?
>
> Another DTT cock up??? Surely NOT!!!! Ahuh, of course...
>
> SG
>
> > -----Original Message-----
> > From: Elizabeth Fullerton [mailto:laslig@...]
> > Sent: Friday, 24 October 2003 8:42 AM
> > To: otmushrooms @ yahoogroups . com . au
> > Subject: Re: RE: [otmushrooms] Notice
> >
> > Mark, as far as I'm concerned, the award gives minimum amounts. My
> > contract
> > states one month's notice, that's what they owe me, that's what I'm
> > claiming.
> >
> >
> >
> > > Mark Shannon <mshannon@...> wrote:
> > >
> > > 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