Message-ID: <26894048.1075853547869.JavaMail.evans@thyme> Date: Tue, 12 Dec 2000 02:55:00 -0800 (PST) From: michelle.cash@enron.com To: dcrawford@davis.ca Subject: Re: Celgar - Asbestos Claims Mime-Version: 1.0 Content-Type: text/plain; charset=ANSI_X3.4-1968 Content-Transfer-Encoding: 7bit X-From: Michelle Cash X-To: "Dean Crawford" @ ENRON X-cc: X-bcc: X-Folder: \Michelle_Cash_Nov2001\Notes Folders\All documents X-Origin: Cash-M X-FileName: mcash_NonPriv.nsf Dean, to whom did you send the package last week? "Dean Crawford" on 12/12/2000 10:09:11 AM To: cc: "Brian Hiebert" , , , , , Subject: Re: Celgar - Asbestos Claims Michelle, ? Sorry, I should have been more clear on the 4 - 6 % vacation pay. That is the statutory minimum under the Employment Standards Act. It applies to non-union employees. It only applies to union employees if the equivalent provisions in the collective agreement do not "meet or exceed" the Act's provisions. Since the collective agreement's provisions are better than the provisions in the Act, the Act's vacation pay provisions do not apply to union employees. ? In terms of the payment schedule, for union employees the collective agreement stipulates they may take their vacation pay at the start of the year. I believe Celgar applies a similar policy for non-union employees, but I'll check on that. When their actual time for vacation comes up, they may actually have to take that time off without any pay if they've already elected to take the pay earlier. ? For both union and non-union employees, vacation pay is earned and accrued in one year and paid out the next. So in 2001, all Celgar employees will be entitled to vacation pay based on a percentage of their 2000 earnings. ? With respect to the standard employment contract, there really isn't one, save for the letter of employment that KPMG sent out to all employees. The letter from KPMG to Doug Cargill is a sample. It was in the package I sent on Friday last week. If you don't have it, please let me know and I'll send it. ? There are also position descriptions for every union and non-union employees that are given to the employees upon hiring. These might also be considered part of the contract of employment, though they are not incorporated into a letter of employment. ? Hope that answers your questions. Please let me know if I may be of further assistance. ? Dean >>> 12/11/00 01:25PM >>> Thanks, Dean. Two questions have arisen based upon your diligence summary: 1.? Do you have a copy of the "standard" employment letter?? We haven't seen it (or, at least I haven't). 2.? What is meant by the 4-6% vacation pay?? How does that work?? How are the pre-payments made?? Does the person get the money early and then not get paid for time off later on?? Additional explanations would be helpful. Thanks. Michelle "Dean Crawford" on 12/11/2000 02:10:27 PM To:?? , cc:?? "Brian Hiebert" Subject:? Celgar - Asbestos Claims Peter & Michelle, Brian Hiebert forwarded to me Peter's questions regarding the risk of asbestos litigation at Celgar. Under the Workers Compensation Act, employers in British? Columbia are required to contribute to an accident fund which provides? compensation for injuries or occupational diseases arising out of employment. In? turn,?the Act?provides employers statutory immunity from?damages? in respect of any personal injury, disablement or death arising out of and in? the course of employment. The accident fund would cover asbestos claims. There are no exceptions?which would allow asbestos litigation?against employers.? The Act does?not prohibit?litigation against third parties, eg.? manufacturers of asbestos, but employers, as stated, are immune from such? actions. Compensation is payable if the worker sustains pulmonary injury by a disabling form of asbestosis. We will make the appropriate enquires about any? compensation paid to Celgar employees.