I survived the CEO SleepOut

I survived the CEO Sleepout on 17 June 2010. It was held at the WACA.

I have to confess that I was quite worried  that it would be difficult. The first thing I did was to borrow a good sleeping bag from Pierre Yang, a lawyer who works for me.

Getting ready for the night, I decided that I needed a good dinner before going to the WACA. At 5 pm, I had lamb shanks and a glass of red wine at a cafe in Hay St. It was a $50 meal but I felt fortified and ready for the night. I felt so guilty after the meal. Hunger is one of the major experience expected for the night.

At 7pm. I proceeded to the registration desk at the WACA.

                                       Raymond Tan at the checkin at WACA


There were 99 CEOs registered for the night. We were given some soup and roll  for the night. The evening then continued with speeches from some homeless persons who gave us an insight into their experiences.

We managed to do some net working while preparing for the night.

I got busy video taping interviews of some of the participating CEOs. It was great to see and talk to other CEOs who have the same interest in helping the homeless. I was especially touched by the life story of one of the CEOs  who is now managing partner of a large accounting firm in Perth. Bryant revealed how he was also a homeless person in his youth.

His story outlined the fact that with hard work and determination, we can rise above poverty.

By 11 pm, everyone was looking for a place to sleep. I walked around the WACA 3 times looking for a good spot. I had to consider wind chill factor, lighting requirements, shelter if it rained etc.

The good spots had all been taken. I found a spot where it was basically a dingy storeroom without  a door. It smelt musty.


It would have been a good spot if it was raining and really really cold as there was no fresh air in that space.


By that time, the temperature had dropped to 5 degrees. It was not as cold as I expected as the rain had come and gone. I thought I might risk the rain and sleep out in a spot that overlooked the WACA field. There was a tarpaulin above me which would cover me from the rain if it did rain again. I chose the spot as there was still enough light for me to read the book I had brought with me. The book is "How to make millions from the internet". Strange book I suppose for a homeless person to be reading.


I also liked the spot as I knew I could see the sun rise in the morning. I do not get to see the sun rise very often as I am a late sleeper and I thought this was as good a chance as any.

The cold was not as bad as I expected. I was still able to get to sleep from 12 am to 5 am. despite being uncomfortable and missing my soft bed.

The biggest difference between what the CEOs experienced and what a real homeless person experience was the knowledge that we were safe and secure in a place guarded by security guards.

In real life, the security guards would have moved us on instead of protecting us. We would also have been exposed to physical harm from being mugged even as a homeless person.

I got up at 5.30 am as it was getting much colder. I took a walk back to the meeting area where they were serving coffee and breakfast.

The coffee was a welcome relief and by that time my lamb shanks had been digested and I was grateful for the bacon and egg bun provided.

We were all allowed to leave at about 7 am after swapping stories about the night with the other CEOs.

All in all, it has been a great experience. I wished I had taken more photos but have to be content with the video log and interviews. It will take some time to prepare them for publishing.


On last count I have raised $6865 and am ranked no. 8 in a field of 98 WA  CEOs. WA has raised nearly $400,000 with a massive donation of $113,000 from Andrew Forrest of FMG. Not a bad effort. Australia wide, there are 685 CEOs registered. Australia wide, a sum of $2.7 million has been raised to date.

Looking at the media reports, there have been many positive comments about how the event will raise awareness and much needed funds for the homeless.

As usual, there are negative comments from arm chair keyboard critics that this is just a publicity stunt for the CEOs.

I believe that the most important achievement for the event is the raising of awareness of the homeless situation in Perth. Having had to move homeless persons from private properties for my clients and myself, I am aware it is a real problem that has to be tackled by the government.

Hopefully, I have in a small way been able to help raise that awareness.


Personally I have learnt that one of the most important aspect of homelessness is the fact that everyone wants to ignore them. The respect we give the homeless by just talking to them and showing kindness will go a long way to help them. However, right now, raising funds for Vinnies to continue their good work is a priority.

You can still donate even though the event is finished.

I will definitely take part again next year and with more time to raise the funds, I am sure I can do better in the amounts raised.

The lesson learnt is to appreciate the roof over our heads and the soft bed we are lucky enough to have. Till I blog again, goodnight.

Update on my CEO Sleepout Fundraising

Dear Readers

Yes, the momentum is gathering. I have raised $2600 in 3 days.

I am ranked 11 on the list of fund raisers compared to the other fund raisers who have had more time to raise funds.


I am  very happy with the support and response received so far. More importantly, the messages of support shows that Perth people have a heart. A heart to help the homeless.


Please keep the donations coming as the homeless need all the help we can give.

Here is a picture of some of the fundraisers in their pyjamas.

I am thinking of going to the Kathmandu Shop to buy a $900 sleeping bag. Is that cheating??

Ahhh, the moral dilemma.


Will update soon.

I am sleeping rough on 16 June 2010 as part of the CEO Sleepout Event hosted by Vinnies

Dear Readers

As you are aware if you have been following my blog, we have moved to Terrace Rd.

However, I am always reminded of my old office at Wellington St. It has an external toilet. One day, I found a homeless person sleeping there. He would come in after dark and leave the toilet in the morning when the staff arrived. He must have been sleeping there for over 2 weeks until I had no choice but to remove him.

It was emotionally difficult removing the homeless person. I felt much sadness that in this day and age, there are homeless people in Perth which is supposed to be one of the richest state in Australia.

According to The St Vincent de Paul Society website, there are 14,000 homeless people in WA alone.

The Global Financial Crisis has not helped. In my legal practice, I have personally acted for clients who have had their homes repossessed. As the greedy banks continue to raise interest rates, many families are facing real financial challenges.

It is a difficult topic.

I recently read a newspaper article about the St Vincent De Paul CEO Sleepout Event.

See:

http://www.ceosleepout.org.au/about.php
I decided immediately to take part.

The event involves CEO's of companies raising funds by spending a night at the WACA with a sleeping bag and some cardboard paper, rain or not.

Please see my profile below and donate if you wish to help me help the homeless.

http://www.ceosleepout.org.au/perth/ceoprofile.html?ceo=820&

I look forward to updating my readers on the event.

The event is on  Thursday, 17 June 2010 and I am starting late. I have 10 days to raise as much funds as possible for the homeless. Please help me and the Vinnies.

Leaving the old office for a new start !

Yes, we did it today. 4th June 2010 was the move from Wellington St to Terrace Rd East Perth. My Feng Shui master, Kieran Ohara advised me that I am to start operations at the new office on 5th June 2010 which is an auspicious day. So, the whole office staff was mobilised to shift everything within a day and to get ready for business tomorrow. It was sad to see the Wellington St office being emptied. It has served Tan and Tan Lawyers well. We have more than doubled the staff during the 7 years we were there. Systems have been improved, staff morale is high and we have a great working team.

We have had lots of staff lunches in the board room. This is a picture of the last board room lunch on 3 June 2010.

Here's a picture of my wife ("Annie") and I outside the Wellington St office after everything was moved out.

Annie was managing the real estate and settlement business at the rented office next to Tan and Tan Lawyers at Wellington St. It just became too small for the operations. Hence the decision to move to Terrace Rd. It has been a long and torturous road before our final move today.

Negotiations for the purchase of the Terrace Rd office began in Sept 2009. The renovations started in April 2010 and is actually not fully complete yet. A good friend of mine Irwan Lee from Interarch homes did the design and fit out.

The reception desk and some wall panelling has yet to be completed. My conference table which was being repolished got scratched while being delivered yesterday. It will only be returned next week.

Such are the joys and frustration of change. Despite all the hurdles, this is a change for the better and I hope to be able to further improve on the level of legal services provided to our clients. The high tech toilet should be fitted out tomorrow and will be a real treat to use. Here are pictures of the staff and removalist enjoying a lunch break at the park infront of the office today.

Tomorrow is day one at the Terrace Rd office.
See you there.

Unfair Dismissal at Cocos Island paradise

Dear Readers If you have been to the Cocos Keeling Islands, you will know what an amazing place it is. I was on the Island for an unfair dismissal case last Tuesday. I acted for the Cocos Island Co-operative  Society ("Co-op") and was instructed by an old friend Ron Grant who is the Co-op's manager. The Co-op is wholly owned by the local residents of the Cocos Island Malay population. The Co-op owns and operates the majority of  businesses on the island including the supermarket, the cafeteria, the stevedoring  etc.  One of the Co-op's employees was sacked after a long history of problems. The Co-op sacked the employee and the employee sued for unfair dismissal. The laws currently on unfair dismissal is governed by the Fair Works Act.

The particular section of the Act is:

385  What is an unfair dismissal

                   A person has been unfairly dismissed if FWA is satisfied that:

                     (a)  the person has been dismissed; and

                     (b)  the dismissal was harsh, unjust or unreasonable; and

                     (c)  the dismissal was not consistent with the Small Business Fair Dismissal Code; and

                     (d)  the dismissal was not a case of genuine redundancy.

Note:     For the definition of consistent with the Small Business Fair Dismissal Code: see section 388.

387  Criteria for considering harshness etc.

                In considering whether it is satisfied that a dismissal was harsh, unjust or unreasonable, FWA must take into account:

                     (a)  whether there was a valid reason for the dismissal related to the person’s capacity or conduct (including its effect on the safety and welfare of other employees); and

                     (b)  whether the person was notified of that reason; and

                     (c)  whether the person was given an opportunity to respond to any reason related to the capacity or conduct of the person; and

                     (d)  any unreasonable refusal by the employer to allow the person to have a support person present to assist at any discussions relating to dismissal; and

                     (e)  if the dismissal related to unsatisfactory performance by the person—whether the person had been warned about that unsatisfactory performance before the dismissal; and

                      (f)  the degree to which the size of the employer’s enterprise would be likely to impact on the procedures followed in effecting the dismissal; and

                     (g)  the degree to which the absence of dedicated human resource management specialists or expertise in the enterprise would be likely to impact on the procedures followed in effecting the dismissal; and

                     (h)  any other matters that FWA considers relevant.

Therefore my advice is that any employer who wishes to terminate an employee need to make sure that proper warning is given before termination. An oppurtunity to improve should also be given. Written warnings should be given as much as possible.

      Once I landed on the island, it became a case of getting my witness statements in order. I finally managed to  get them done after chasing up the witnesses for 2 days.

     The trial started on Friday and the first thing the Arbitrator, Deputy President McCarthy did was to get the parties to mediate. We spent 3 hrs before being  able to settle the matter out of court. It was a shame in a way as I was geared up to tear into the sacked employee to show he had deserved the sacking. Be that as it may, it is always better to settle a matter out of court as it gives finality so that no appeals are made.

      An interesting aspect of the Fair Works Act is the issue of cost. 

                   A person involved in an unfair dismissal case before Fair Work Australia must             meet their own costs. Fair Work Australia may order a person to bear some or all of the costs of another person if the unfair dismissal application or response to it:

• was frivolous, vexatious or made without reasonable cause
• had no reasonable prospect of success.

In certain circumstances, Fair Work Australia may also make a costs order against a lawyer or paid agent representing a party in an unfair dismissal case. The circumstances mentioned are where a party pursues a case when there is no chance of winning just to put pressure on the employer etc. Well, I finished the case and there was some spare time before my flight back to Perth. There is a golf club on the island. I joined the members for a game and it was a refreshing change from the staid rules of most golf clubs. Here, the players were able to play with sandals or barefoot. The idea was to get out there and enjoy yourself. The game was based on best 4 balls and I was glad to assist my team to win with several good chips. Here are some photos of the members and the club which includes a few holes that runs across or along the airport runway.

Other than golf, I also managed to squeeze in some fishing. I managed to get a tuna and 2 barracudas. The tuna I had for lunch. However the barracuda was either thrown back to the sea or used as bait. The Cocos Malays are so spoilt for fresh sea food that barracudas are not good enough for the dinner table.

Pak Ayub my guide also caught a shark. That again was thrown back as it was deemed not good enough for the table. I would like to thank Pak Ayub and Ossi for a great time.

I would also like to thank Ron and Marias for looking after me during the trip. It was also great to have caught up with Gordon Thomson, a well known Christmas Island Union activist and Alan Medous  who is one of the leaders of the Malay community on the Island.

Till I blog again, take care.

Being in Practice for 20 years

Hey,  you feel it when you are getting old. Just turned 49 a few days ago.

Also realised that on 3 March 2010 I have been practising for over 20 years.

That is a long time in dog years.

Pierre, a lawyer in my practice ( I am his mentor) bought me and the rest of the staff a cake to celebrate. Nice touch.

So, do I feel like an old dog when it comes to the law. Happily, no. Each day of my practice brings me a new challenge. I am always amazed at the myriad of problems my clients face and how I try to solve them. The practice of law is always interesting when you like to help people. I guess that has always been the reason why I love the law. I am always solving problems for my clients.

So other than having 2 great kids and a beautiful and loving wife, what else can I be grateful for?

Lots.

I am grateful for :

(a)  great staff that enjoy working at Tan and Tan Lawyers

(b) clients that appreciate the work we do

(c) enjoying my work every day

(d) the ability to play golf every Thursday.

By the way, Tan and Tan Lawyers are moving to 6/78 Terrace Rd, East Perth as soon as my builder finishes the fit out.

I am going to be very proud of the new office and look forward to welcoming you all to the new office.



Till I blog again, have a good night.

Twenty years anniversary as a Lawyer

Dear Readers

I was just looking through my legal records and chanced upon my date of admission as a lawyer in Perth WA.
I was admitted to practice in Perth on 2/3/1990. My god , that has been a full 20 years as a lawyer in Perth.