Posted by Jim Wilson on 07
November 2000 at 16:20:27:
For what it is worth OPAS replied extremely promptly to my letter
saying
a) that my letter was very similar to Mr Cawley's and seemd to contan
all the relevant points: Mr Cawley's had been referred to the Ombudsman
(and all the comments on this are contained elsewhere in this website.)
b) in short I deduced that Mr Spencer thought that the Trustee may have
been too passive in complying with the company's wishes & therefore were
not discharging their duties properly - which is why he passed on the
complaint
c) Mr Spencer felt (but stressed that this is a point of view) that the
current level of discretionary increase would probably be viewed as
acceptable - & also in the context of the surplus as a whole referred to
a case where it was deemed that it was not the Trustee's job to
negotiate with the "employer" for better terms -it is quite in order for
the employer to benefit as well
d) he referred to the Barclay's case and assumed that IBM's Counsel
would argue that the IBM situation is different in some way
Nevertheless - the complaint is with the Ombudsman and I guess we
will see what he says in due course.
Posted by Colin Blanks on 07 November 2000 at 19:59:28:
In Reply to: OPAS Reply posted by Jim Wilson on 07
November 2000 at 16:20:27:
Today 7/11/2000 I received an identical letter from John Spencer of
OPAS.
Posted by Rod
Ward on 10 November 2000 at 15:21:43:
In Reply to: OPAS Reply posted by Jim Wilson on 07
November 2000 at 16:20:27:
I and a colleague have both just received replies from OPAS in
similar vein, but mine stated ".. if you think that not all your
points are covered by Mr. Cawley's complaint, then you should
persue it first with IBM, and if not satisfied with their reply,
raise the complaint with OPAS again, copying the IBM
correspondance." or words to that effect.
I think that Mr Cawley's complaint covers the main issues, but I
would add some emphasis and arguements to his and add some minor
points. As such, I am waiting to hear how IBM replies to my formal
complaint, (still no acknowledgement) and how the Ombudsman has
progressed by then.
Posted by Brian
Thubron on 11 November 2000 at 17:21:12:
In Reply to: Re: OPAS Reply posted by Colin Blanks
on 07 November 2000 at 19:59:28:
I have also received an identical letter from John Spencer of OPAS.
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