I was following up on the issue about Notice period with Morgan Kelly from
DTT because I am eligible for the award but my contract specifies 1 months
notice which is more than the award provides for.

My legal advice has been that the award provides a safety net but where the
contract specifically addresses a matter the contract of employment
overrides the award to the extent of any inconsistency. Since the contract
is silent on Redundancy the award stands, however since the contract
specifies notice period of 1 month the contract overrides the award on this
matter.

Morgan rang me this afternoon to confirm that he had been informed by DTT's
legal representatives that my legal advice was correct and to notify other
people about this information.

Regards,

Daryl Benham.

----- Original Message -----
From: "Mark Shannon" <mshannon@...>
To: <otmushrooms@...>
Sent: Friday, October 24, 2003 4:59 PM
Subject: RE: RE: [otmushrooms] Notice


> Along Steve's question/statement,
>
> I just got a call from Morgan Kelly from DTT after chasing up yesterday's
> enquiry by me on the same thing as Steve is talking about,"Notice". Morgan
> said someone else also complained to him about the "Notice" going back
from
> one month to two weeks when applying the award. He called to let me know,
as
> a courtesy, that he's legal advice has not yet got back to him but will on
> Monday. He then started to say something but stopped and said I'll wait
> until then. In that start - stop sentence, he said ".....I thought with
this
> award......." which indicated that he was about to say his interpretation
> was not right which was highlighted by the tone of his voice and with a
> polite retreat. Only my thoughts though, but he'd let me know more on
> Monday.
>
> This is about "Notice" in regards to the award and our contract, where
only
> the contract overwrites the award, not the other way around as they have
> tried to do. That is, the award is your safety net and your contract is up
> and above that. You don't get one or the other. Therefore, if a condition
is
> not stated in your contract then you go back to the award for that
> condition. If any of you have the same situation, my suggestion is to
> email/call him (or Sallie) and let them know. I think most of our
contracts
> with OT had stipulated one months notice. So, if you are like me of only
> having being there for 18 months (under 2 years) and with being APESMA
> eligible being forced to go back to two weeks notice, then they maybe
trying
> to dud you on 2.33 weeks of notice. Or, it could be an honest
interpretation
> error....going there way.
>
> If you wanted more, please read back yesterdays email.
>
> Mark.
>
> -----Original Message-----
> From: Steve Gerlach [mailto:gerlach@...]
> Sent: Friday, 24 October 2003 3:36 PM
> To: otmushrooms@...
> 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
> > >
> > >
> > >
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