EMPLOYMENT

INDUCTION

HANDBOOK

2013

C O N T E N T S IMPORTANT NOTICE TO ALL STAFF MEMBERS THE COMPANY’S STATEMENTS Our Mission Our Commitment OFFER OF EMPLOYMENT Pre- Employment Contract of Employment Restraint of Trade INDUCTION PRESENTATION Induction Company Premises Board of Directors Our Product Range Include PROBATION PERIOD REVIEW REMUNERATION Salaries

Overtime Payday Salary Reviews Bonuses Garnishee Orders

STAFF BENEFITS Refreshment Allowance Canteen Allowance Pension Fund: Old Mutual Discovery Life: Group Life Medical Aid: Discovery Health LEAVE Annual Leave Unauthorised Leave Unpaid Leave Sick Leave Family Responsibility Leave Maternity Leave Study Leave

MISCELLANEOUS PAYE and SITE Unemployment Insurance Fund (UIF) Hours of work Parking Bays Dress Code Study Loans Salary Advance Telephone Calls Use of Company Time, Property and / or Facilities Polygraph Testing Information technology ("IT") Policy General Equipment Software Security and Access Control Access to External Computers Systems Email and Internet Usage Information Storage and Resources Monitoring CONFIDENTIALITY DISCIPLINARY PROCEDURE, POLICY & CODE Applicability General Terms Time Periods Relating to the Expiry of Warnings Nature of Disciplinary Measures The Procedure for Enquiries and Hearings Informal and Formal Disciplinary Action Procedure for Formal and Disciplinary Enquiry Procedure for an Appeal Hearing Counselling for Poor Work Performance Counselling for Temporary or Permanent ill Health or Injury OFFENCES Annexure A Annexure B Annexure C Annexure D Annexure E Annexure F Annexure G Annexure H Annexure I Annexure J Annexure K Annexure L

1. IMPORTANT NOTICE TO ALL MEMBERS

1.1. This Employment Induction Handbook (hereinafter referred to as "Handbook") provides you with detailed information regarding the terms and conditions of your employment with SA Underwriting Agencies (Pty) Ltd (hereinafter referred to as "the Company").

1.2. It is important for you to know that this Handbook, in conjunction with your Contract of Employment,

Standard Terms and Conditions and Restraint of Trade constitutes your entire employment agreement with the Company. The provisions contained in these documents are therefore binding on you and on the Company.

1.3. Therefore it is of the utmost importance that you familiarise yourself with the contents of this

Employment Induction Handbook. If there is anything in this document that you do not understand or any aspect that is in any way unclear to you, you must please clear up any queries with the Human Resource Department and make sure that you understand, appreciate and agree to the contents as they apply to you before you sign this Handbook. By signing this Employment Induction Handbook, you are confirming your agreement with its contents insofar as they relate to you.

1.4. The information in this Handbook applies to all the Company's employees where applicable. We all

understand and appreciate that policies change from time to time and you are responsible for keeping your Handbook up to date by reading and inserting any amendments which may be distributed and made available on the Company intranet.

1.5. You will note that the Handbook refers to many acts or behaviour that is "Prohibited". Please note

that this is not the only behaviour that can attract disciplinary action, and that any contravention of the employment relationship recognized in law may be the subject of disciplinary action (and possibly dismissal), as it is not possible to list each and every type of infringement in this Handbook.

1.6. The company carries on business as a short term insurance underwriter. As such, you are required

to familiarise yourself and keep yourself current with all of the laws and legislation relating to the performance of your duties in this highly regulated industry. By accepting employment with the Company you have in any event represented that you are current with the prevailing laws and legislation relating to the duties you are employed to perform. Please be aware that failure to adhere to the above could cause prejudice and harm to the Company.

1.7. You will note that there are many instances (for example salary advance and loan to name but a

few) where the Company has the right to set monies off from your salary payments. By your signature hereunder, you hereby agree and consent to the Company deducting monies from your salary in the circumstances and in the amounts referred to in this Handbook and/or in your employment agreement and/or otherwise agreed.

1.8. Again, you are reminded that your signature at the end of this Handbook confirms that you have

read, understood and accepted its contents.

2. THE COMPANY’S MISSION AND COMMITMENT STATEMENTS

2.1. OUR MISSION STATEMENT

Our Clients We recognise our client business related needs and will settle insured losses fairly and without

delay. We appreciate their culture and will contribute to our social responsibility by supporting these different communities in a professional manner.

Our Brokers Our Brokers are our communication channel to our policyholders and will therefore be provided with

the products, service, information and tools of the highest standard to meet their client related needs.

Our Underwriters We will manage our business responsibility, providing a sound foundation for financially protecting

our Underwriter within the scope of our mandate.

Our Employees We respect our individual employees and undertake to provide them with equal opportunities for

professional growth in a fair and just working environment.

Our Company We will contribute to social enhancement and market related development through research and

training, creating a socially and financially stable foundation for our Company and for our brokers; employees and clients to function in.

2.2. OUR COMMITMENT STATEMENT

Unconditionally good service. Our sympathy and support within the terms of our policy wordings and agreements. The best possible value for money. Quickest possible settlement of all valid claims inside policy terms. Minimum red tape in both the arena of policy issue and settlement of claims. Minimum cause for misunderstanding over policy clauses, conditions and underwriting requirements;

in other words, transparency.

3. OFFER OF EMPLOYMENT

3.1. PRE-EMPLOYMENT

All candidates are required to undergo a poly graph test prior being employed at the Company.

3.2. CONTRACT OF EMPLOYMENT

All Offers of Employment is subject to the candidate signing the Company’s Standard Terms and Condition of Employment, Restraint of Trade and Employment Induction Handbook. Any refusal or non-acceptance to the Offer of Employment will make the offer null and void.

3.3. RESTRAINT OF TRADE

It is recorded that in the course of the employee’s employment at SAU, the employee:

4.3.1. Might have, has, or will have acquired considerable know how in connection with SAU’s business

and operations in general;

4.3.2. Might have, has, or will have access to names of clients, service providers and/or brokers with whom

SAU does business whether embodied in written form or otherwise;

4.3.3. Might have, has or will have the opportunity of forging personal links with client’s, service providers

and/or brokers of SAU;

4.3.4. Generally has had, or will have, the opportunity of learning or acquiring the trade secrets, business

connections or relationships and other confidential information pertaining to SAU.

It is acknowledged by you that the only effective and reasonable manner in which SAU’s rights in

respect of its business and its business secrets and client and other relevant connections or

relationships can be protected is the restraint imposed upon the employee in terms of clause 5.

Notwithstanding the employee’s obligations as set out in clause 5.1, the employee shall not during

his/her employment and for a period of twenty four (24) months after the termination of this

agreement for whatsoever reason, whether as proprietor, partner, director, shareholder, member,

executive, consultant, contractor, financier, agent, representative, trust or beneficiary of a trust or

otherwise and whether for reward or not, directly or indirectly carry on or be interested or engaged in

or concerned with or employed by any company, close corporation, firm, undertaking or concern in

the Republic of South Africa which renders the same and/or similar services as SAU and/or in any

manner which competes with SAU or company associated with SAU or SAU’s brokers and service

providers, without the prior written agreed consent from SAU.

The employee undertakes that neither he/she nor any company, close corporation, firm, undertaking

or concern in or by which he/she is directly or indirectly interested or employed will within two (2)

years after this agreement has terminated and whether for reward or not, directly or indirectly:

4.3.5. Encourage, or entice, or persuade, or induce any employee of SAU to terminate his/her employment

with SAU;

4.3.6. Furnish any information or advice to any employee then employed by SAU or to any prospective

employer of such employee or use any other means which are directly or indirectly designed, or in

the ordinary course of events calculated, to result in any such employee terminating his/her

employment with SAU and/or becoming employed by or directly or indirectly in any way interested in

or associated with any other company, close corporation, firm, undertaking or concern in the

Republic of South Africa; OR

4.3.7. Furnish any information or advice (whether written or oral) to any client, service provider, and/or

broker or use any other means or take any other action which is directly or indirectly designed, or in

the ordinary course of events calculated, to result in any such client, service provider or broker

terminating his/her association with SAU and/or transferring his/her business to or accepting the

rendering of any services from any person other than SAU.

Should you be uncertain whether you intend or are acting in contravention with this restraint you

must enquire from the person you report to. A list of SAU’s brokers is available on SAU’s intranet.

Alternatively lists of SAU’s brokers, associated companies and service providers etc. can be made

available to you for inspection.

You acknowledge that you have carefully considered the content of this restraint placed on you and

that it is reasonable and necessary for the protection of the interests of SAU.

This clause must be read in conjunction with the confidentiality clause above.

5. INDUCTION PRESENTATION

5.1. All new employees will need to attend the three (3) hour Induction Presentation within the first two months of employment. The aim of this presentation is to give the new employee a brief overview of the Company’s history, statements, joint ventures, service standards, reinforce the Standard Terms and Conditions of Employment and staff documents & benefits.

BOARD OF DIRECTORS:

Gert Coetzee : Chairman Johann Mynhardt : Chief Executive Officer Ryno Arangies : Director: Legal & Claims

OUR PRODUCT RANGE INCLUDES:

SAU has a full in-house interactive Insurance Management System, which includes: SAU Online, WebQuote System, Multiple Insurer Capabilities, BCIMS, SAU Reports System.

We have state of the art phone systems with automatic logging With our WebQuote system, as soon as the lead is submitted, it is imported into our database within milliseconds.

Our Insurance Management System automatically triggers sms’s when a policy/claim is worked on. Our in-house developed SMS system can deliver up to 100 sms’s per minute.

6. PROBATION PREIOD REVIEW

6.1. You will only be permanently employed after a probation period of three (3) months as stipulated in

your letter of appointment:

During your probation period your technical knowledge, skills, general suitability in respect of

diligence, commitment, character and compatibility will be assessed by your reporting Manager on a

monthly basis. Feedback will be given to Human Resource to place on file.

If you are found competent you will be appointed permanently which will be confirmed in writing.

SA Underwriters reserves the right to extend the initial probation period.

In the event of the termination of your employment during the probation period for whatsoever

reason, you shall be entitled to notice pay as prescribed by the Basic Conditions of Employment Act

75 of 1997.

Quantity of Work The extent to which the employee accomplishes assigned work of a specified quality within a specified time period.

Quality of Work The extent to which the employee's work is well executed, thorough, effective and accurate.

Knowledge of Job The extent to which the employee knows and demonstrates how and why to do all phases of assigned work, given the employee's length of time in his/her current position.

Relations with Supervisor The manner in which the employee responds to supervisory directions and comments. The extent to which the employee seeks counsel from supervisor on ways to improves performance and follows same.

Co-operation with Others The extent to which the employee gets along with other individuals. Consider the employee's tact, courtesy, and effectiveness in dealing with co-workers, subordinates supervisors and customers.

Attendance and Reliability The extent to which employee arrives on time and demonstrates consistent attendance; the extent to which the employee contacts supervisor on a timely basis when employee will be late or absent.

Initiative and Creativity The extent to which the employee is self- directed, resourceful and creative in meeting job objectives; consider how well the employee follows through on assignments and modifies or develops new ideas, methods, or procedures to effectively meet changing circumstances.

Capacity to Develop The extent to which the employee demonstrates the ability and willingness to accept new/more complex duties and responsibilities.

7. REMUNERATION

7.1. Salaries

7.1.1. All information regarding salary packages is strictly confidential as between each employee and the company. Accordingly to discuss or divulge your salary and any future salary changes and/or bonuses and/or increases and/or fringe benefits or to solicit information from another employee regarding their salary is prohibited. Such action could lead to summarily discharge.

7.1.2. Your total cost to company (as reflected in the Offer of Employment) and dummy pay slip was given

to you prior to your commencement of employment. By accepting the offer and pay slip, you acknowledge and agree that the salary structure and calculation of your net salary has been explained. You furthermore understand and agree to all the deductions from your gross salary such as pension fund, medical aid, canteen, refreshments etc. Any contribution from the company towards compulsory medical aid scheme and pension fund is included within your total cost to company and is not added in addition to your total cost to company.

7.1.3. Fringe benefits and commission structures will be agreed in writing and will be an addendum to the contract.

7.2. Overtime

7.2.1. It is required that your time be managed effectively in order that your work be done and kept up to

date during normal office hours. It is not necessary to work overtime. There is no pay for overtime.

7.3. Payday

7.3.1. Your monthly net salary will be transferred in to a bank account, details of which have been supplied by you, by means of a New Employee Personal Form as part of documentation that needs to be completed. If your bank details change, you need to advise the Human Resource Department immediately.

7.3.2. For the first three (3) months of your employment your monthly net salary will be transferred in to

your bank account on the last day of the month.

7.3.3. Payday is the 25th day of each month. Should this day fall over a weekend, payday will be on the Friday prior to the 25th day of that month.

7.4. Salary Reviews

7.4.1. Salaries will be reviewed annually in March of each year. To be eligible for an annual increase,

employees must have worked for the company for more than 3 months. If an employee has worked for the company for less than a year (less than 12 months, but more than 3 months) the annual increase will be calculated on a pro rata of how many months the employee has worked.

7.4.2. Salary increases are determined solely at the discretion of the company, based on many issues,

which include each employee's individual merits, policy considerations, the operational requirements of the business and any other relevant factor. No minimum amount or percentage per increase is guaranteed and an increase given in one year will not operate as a precedent for successive increase valuations.

7.5 Bonuses

7.5.1. All bonuses will be by the discretion of Management and is deemed to be a privilege and not a right.

7.6 Garnishee Order

7.6.1 In the event that a Garnishee Order is granted

against you and a copy thereof is served on the company the amount stipulated in the Order will be deducted from your monthly salary each month and paid over to the Judgement Creditor every month until such time as the debt is settled or you resign from the employment with this company.

8. STAFF BENEFITS 8.1 Refreshment Allowance

8.1.1. The company hires coffee vending machines.

8.1.2. You will purchase your own coffee/tea from the vending machines at a cost of R 1.00 per cup. There

are no tea brakes due to you being able to purchase tea/coffee at any given time in your department.

8.1.3. You are not allowed to make your own coffee/tea in your department/kitchen in the company or to

ask a cleaner or any housekeeping staff to make coffee/tea on your behalf except if a meeting is held by management and/or a third party is present.

8.1.4. The company will provide you with R 110.00 per month for coffee/tea additional to your cost to

company.

8.2 Canteen

8.2.1. The company has a canteen which orders food from third party caterers.

8.2.2. A menu will be supplied on a weekly basis from which you may

order food. This menu is published on the intranet and you will use your employee number as username and ID number as password to order food for the following week. Once you have ordered, you cannot change or cancel the order. Refunds will not be given for food not to your satisfaction or not collected. Food not collected will not be kept for you and will be disposed of. Should you experience any problems with the service or food itself please contact the Human Resource Department. You are not allowed to contact the third party caterer directly.

8.2.3. Your meal will be delivered in you lunch hour as originally indicated by you on the meal order.

8.2.4. The company will contribute 50% towards all meals ordered from the canteen. 8.2.5. The total cost for a meal is R 28.00; you pay R 14.00 and the company pays R 14.00.

8.2.6. Your deduction or 50% of the cost of the meal ordered by you will be deducted from your salary. The period of the meals ordered usually range from the week after the 20th of the one month till the end of the week of the 20th of the next month. Your canteen bill is calculated and the Human Resource Department will capture this by the 20th of the month and deduct it all at once from your salary paid to you on the 25th or last day of the month.

8.2.7. All meals are to be consumed in the canteen and not at your workstation. 8.2.8. This provision is a privilege and can be suspended at any time.

8.3 Pension Fund - Old Mutual

8.3.1. The company subscribes to an authorised pension scheme – Old Mutual Evergreen retirement fund – and membership is compulsory for all members under the age of 60. The Fund Registration number is 12/8/37404. The participating Employer Number is: A00022. It is important to note that you are a member of a pension fund and not a provident fund. Members will be contributing an amount equal to the value of 7.5% of salary package to the fund. The company contribution is 7.5% of salary package inclusive of 1.24% for the approved insured benefits i.e. Group Life Cover and Disability. Over and above these contributions the company also pays an additional 0.58% towards the pension fund. The pension fund is included in your cost to company as mentioned in paragraph 7.1.2.

8.3.2. Members are given a guide/member pack from Old Mutual regarding the fund and benefits when

employment commences. Package choice options are: Low Choice, Managed Choice and Flexible Choice. Once you have chosen a plan, complete and return the New Member Form included in your Member Pack to Evergreen Retirement Funds. If you make no choice, you will automatically be placed on the Low Choice option. It is your responsibility to make sure that you receive this member pack and familiarise yourself with the content. It is also important to list your dependants and beneficiaries in the New Member Form. For further queries, you can contact the Evergreen Service Centre on 0860 383 747.

8.4. Discovery Life – Group Life

8.4.1. The company subscribes to an authorised Group Life Scheme – Discovery Life and membership is

compulsory for all employees. The company will contribute 1.24% of salary package towards Group Life. Depending on the employee’s position within the company (Director, Manager or staff) and amount of years in the employment of the company, the benefit payable upon death or disablement will differ. The death benefit is calculated as an amount times your annual salary. A one pager explaining the benefit will be given to you once employment commences and full detail is available on the Company Intranet. Be sure to also complete a beneficiary form and hand this over to the Human Resource Department.

8.4.2. The Group Life Scheme includes the following benefits: Life Insurance; Disability; Dread Disease

and Education Protector that can be viewed on the Company Intranet.

8.5. Medical Aid - Discovery Health

8.5.1. The company subscribes to an authorised medical aid scheme – Discovery Health and membership is compulsory for all employees except if you are, prior to commencement of your employment, already on your spouse/parents medical aid. You must give proof of this alternate medical aid scheme to the Human Resource Department. The Employer Billing Number is 280290. The company will contribute 50% of the minimum premium raised, Key Care Plus, if you are a member of another medical aid scheme. The company will contribute 50% of the risk premium up to a maximum of R 1 800.00 for the plan that you have selected with Discovery, excluding your medial aid saving account and vitality premium. You will be liable for the balance of the premium. This is included in your cost to company as mentioned in paragraph 7.1.2.

9. LEAVE

9.1. Annual Leave: 9.1.1. You are entitled to 15 working days leave for each completed annual cycle of service. The cycle of

service is calculated individually from date of employment.

9.1.2. Annual leave is calculated in advance. You acquire 1.25 annual leave days per month, totalling 15 days per year. At any given time, you can take the maximum leave days due to you for the months that you have been employed. Employee Self Service will be available on the Intranet, enabling you to view your leave balances and leave transactions. The system will be updated the first week of every month and the 1.25 leave days added to your annual leave balance.

9.1.3. If you are employed for a period of five (5) years you will be entitled to one (1) extra days leave in

every annual leave cycle.

9.1.4. If you are employed for a period of ten (10) years you will be entitled to two (2) extra days leave in every annual leave cycle (in addition to 3.1.3).

9.1.5. If your Birthday falls on a working day, you are allowed half day leave and it’s not necessary to

submit this on the Employment Self Service system.

9.1.6. You must apply for leave in VIP Self Service at least 2 weeks in advance. Your leave must be authorised by your direct Manager.

9.1.7. The company reserves the right to refuse or to postpone any leave application, in the interest of its

efficient running.

9.1.8. Leave cannot be taken during a notice period.

9.1.9. If you fail to take your leave due in every annual leave cycle, within twelve (12) months of the end of that leave cycle, you will forfeit the leave accumulated.

9.1.10. You will not be paid out for leave not taken in a leave cycle, except on termination of your

employment and in that event only in respect of leave not taken during the leave cycle during which employment was terminated.

9.2. Unauthorised Leave 9.2.1. Any leave taken contrary to the provisions of the Handbook will be classified as unauthorised. The

period of any such unauthorised leave will be deducted pro rata from your salary for that month. You may also be subject to disciplinary action.

9.3. Unpaid Leave

9.3.1. Unpaid leave will only be granted in exceptional circumstances and at the sole and absolute

discretion of the company on a case by case basis.

9.4. Sick Leave 9.4.1. You are entitled to thirty (30) days paid sick leave for every sick leave cycle of thirty-six (36) months

(3 years). Sick leave is not cumulative from one cycle to the next. In other words when an employee commences employment he/she (except for the first 6 months) will acquire the 30 days sick leave upfront for the next 3 years. The employee will for instance be able to take all 30 days sick leave in one month, but will then have no sick leave available for the next 2 years. If you have taken up all your sick leave (all 30 days), and should you then become in need of sick leave, you will need to submit this as annual/unpaid leave consequent upon approval of your Manager.

9.4.2. During the first six (6) months of your employment you are only entitled to one (1) day paid sick

leave for every twenty-six (26) days worked. This is excluding weekends and public holidays. The VIP Self Service system will not give an accurate reflection of the sick leave in the first 6 months and will have to be calculated manually. Should your sick leave taken be more than calculated and allowed, you must submit it as annual / unpaid leave.

9.4.3. If you are absent due to illness for two consecutive days or more, or you are off ill on a Friday or a

Monday or a day before or after a public holiday, it is required that you submit a medical certificate stating the nature of the illness and the expected duration of incapacity. This certificate must be submitted to the Human Resource Department immediately upon your return to work and the sick leave applied for in Employee Self Service.

9.4.4. Medical certificates could be investigated if found to be inaccurate, suspicious or fraudulent. Medical

certificates must not be backdated and will not be accepted. The employee must consult with a doctor within 2 days of absenteeism. Notes from a clinic or script for medicine will not constitute as a medical certificate.

9.4.5. Please Note: Should you fail to submit a medical certificate when required, any sick leave taken will

be considered as unauthorised leave or may be deducted from annual leave at the sole and absolute discretion of the company. Disciplinary action will also be considered.

9.4.6. It is common practise to communicate any absenteeism to your Manager before 9 o’clock in the

morning. This must be done by you speaking to your Manager directly and not sending a sms/ and or having someone else phone on your behalf unless valid reason can be given.

9.4.7. If you require sick leave longer than ten (10) days you have to obtain authorisation from the person

you report to.

9.4.8. If you do not take any sick leave during an annual leave cycle, you will get two (2) days extra annual leave.

9.5. Family Responsibility Leave 9.5.1. You are entitled to 3 days leave per 12 months cycle in the event of the birth of your child (in the

case of male employees), if your child falls ill, or in the event of the death of a spouse (or life partner), parent, adoptive parent, grandparent, child, adopted child, grandchild or sibling. Any other circumstance that you might consider as family responsibility and not mentioned above must be taken as annual/unpaid leave.

9.5.2. Reasonable proof of any of the above occurrences must be supplied to the company upon request.

If you cannot submit proof, you will not be entitled to any payment in respect of the days of absence unless you want to submit it as annual leave and consequent upon approval of your Manager.

9.5.3. Any amount of Family Responsibility Leave not taken during an annual cycle lapses and is not

carried over to the next cycle.

9.5.4. In exceptional circumstances additional compassionate leave may be granted by the company in its sole and absolute discretion, on a case-by-case basis.

9.6. Maternity Leave

9.6.1. You are entitled to four (4) weeks consecutive months’ maternity leave.

9.6.2. In accordance with current legislation, a female employee may not work a minimum of four weeks prior to her confinement and a minimum of eight weeks after her confinement.

9.6.3. You are required to notify the company as soon as reasonably possible, but not less than four weeks

before the date that you intend commencing Maternity leave. The dates that you will be on leave must be submitted in VIP Self Service.

9.6.4. If you are employed for a period of twelve (12) months prior to becoming pregnant you will be paid

one third of your monthly salary for every month’s maternity leave taken. This accumulated amount will be paid at the end of the month of your return to full time employment.

9.6.5. If you received the benefit of paragraph 3.5.4 above you have to remain employed with SAU for a

period of six (6) months following your return to full time employment.

9.6.6. Please familiarise yourselves with the provisions of section 37 of the Unemployment Insurance Act 30 of 1966 (as amended) with regards to any alternatives or claims against the Unemployment Insurance Fund that you may have as an alternative or in conjunction with the above, the claiming of which is your responsibility.

9.7. Study Leave

9.7.1. Study leave needs to be manually submitted to HR and not via the Ess system, by the means of a study leave application form. Proof of the examination e.g. timetable should be attached and it needs to be signed off at all times by the relevant Director, General Manager and Manager. Please note you are only entitled to five (5) days study leave per annum and any remaining leave balance does not get carried over into the next year. Should a person fail or get a supplementary mark, the Company will grant you again study leave days of a maximum of two (2) days. However your limit remains five (5) per annum and your re-write does not increase your five (5) days to seven (7) days per annum. These rules only apply for all Unisa, Academy of Learning, Nouvea Consulting and Psg modules.

9.7.2. All regulatory examinations also needs to be manually submitted to HR and not via the Ess system, by the means of a study leave application form, loan form and invoice to be paid where applicable. All documents should be signed off at all times by the relevant Director, General Manager and Manager. Please note you are only entitled to four (4) days study leave in total for the duration in obtaining your RE1 or RE5 examination and not per annum. This would cover your first (1) and second (2) attempts, should you fail again annual or unpaid leave needs to be taken. These rules only apply for the RE1 and RE5 examinations.

10. PAYE and SITE

10.1. All employees are required by law to pay income tax on their total remuneration. Income tax is

determined per individual and will be deducted from your remuneration and paid over to the South African Revenue Services. Should you have a query regarding your income tax please contact the South African Revenue Services.

10.2. Employees that do not have an income tax number must register for a one in the same month

employment commences. Income tax numbers must be given to Human Resource Department or captured under Personal Detail in Employee Self Service on the Company Intranet.

11. UNEMPLOYMENT INSURANCE FUND (UIF)

11.1. All permanent employees are required by law to contribute to UIF.

11.2. Accordingly, as the legislation currently stands, an amount of 1 % of your basic salary is deducted

monthly. The company contributes an additional 1 % of your basic salary.

11.3. UIF contributions are eligible for certain benefits. For further information please contact the Personnel Department.

12. HOURS OF WORK

12.1. Standard Hours: Standard hours of work are Mondays to Fridays from 08HOO to 17H00 with a one hour lunch break. Permission to deviate from these hours must be obtained from the person you report to in writing and confirmed by the Personnel Department. You are expected to effectively work 8 hours per day not exceeding 45 hours per week.

12.2. It should be noted that you may be requested from time to time to work outside of these times should the need arise. However you will be advised well in advance in order to make the necessary arrangements. Every employee will be expected to work on a given Saturday from 07H30 to 13H00 on a rotating basis within their specific department. Rosters will be made available to you and it is your responsibility to check these on a regular basis since amendments could be made.

12.3. If you are employed as a Sales Consultant you will have to work every alternate Saturday from

08H00 to 13H00 as well as alternate shifts with working hours the one week from 08H00 to 17H00 and the following week 09H30 to 18H30.

12.4. Your working hours and lunch breaks will be agreed with you and may be varied from time to time.

12.5. Smoke Breaks: As a smoker you are allowed to take smoke breaks outside the offices at designated

areas up to a total of 1 hour per day. Smoke breaks are monitored by the tag system and you are required to tag in and out the buildings using “smoking” as the selection. These reports are then used to monitor the amount of time you spend smoking on a daily basis. Should you smoke less than the 60 minutes allowed, the remainder of the time can be taken as your lunch break. As example, if you smoke for a total of 40 minutes, you are allowed 20 minutes lunch break.

12.6. Personal Appointments: All personal appointments e.g. dentists, doctors, opticians, hairdressers etc,

should be made outside of working hours. For reasonable medical reasons, appointments may be attended during working hours with prior permission from the person you report to and must then be noted on the Employee Self Service system as sick leave whether it be full or half day.

13. PARKING BAYS

13.1. Parking bays are available for your cars. Managers are allocated designated undercover parking. All

other employees parking will be considered as “first come first serve”. If any employee parks on the visitors parking he/she will be fined.

14. DRESS CODE

14.1. The photographs below showcase a variety of options that fulfil the requirements of a business

casual dress code for a business casual work environment. In establishing a business casual dress code, employees are allowed to work comfortably. However, a professional image cannot be sacrificed for comfort. So, it's necessary that business casual clothing still upholds professionalism.

14.2. Your attire needs to be suitable for the workplace. It should be clean, unwrinkled, and look

professional. Also, business casual clothing should not be too revealing. It's essential to keep in mind that, just because a workplace allows a business casual dress code, casual clothing that you might wear to the beach, to exercise, or to run errands, isn't suitable for the business casual workplace. Look through the images below to get a better idea of what is acceptable in a business casual workplace.

This is a great example of a business casual outfit for women. A well-fitting, attractive blouse paired with slacks and finished with conservative but stylish heels still conveys the idea of business casual, without compromising professionalism.

Her blouse is modest and sets a professional tone for the office. It does not have a plunging neckline, does not reveal her midriff, and does not contain words, slogans, or pictures that could offend her co-workers. This is a great example of a business casual outfit for women.

Her woman's pants look nice without being too form-fitting, and they aren't too casual like denim, spandex, or sweatpants might be.

She finishes her outfit with a great choice of conservative shoes. In a business casual office, athletic shoes and sneakers, loafers, clogs, leather boat shoes, and dress heels are acceptable. In warm weather, stockings aren't necessary for

women. However, flip flops, sandals, and slippers are not appropriate for the workplace. Also, if you are a fan of footwear that is flashy and eye-catching, they should be worn on the street - not in the office. Even though the guidelines of a business casual environment can be somewhat lax at times, looking professional and

conservative at all times is important.

This is a good business casual option for a man. This option still upholds a professional image, but is successful at being a more relaxed outfit without looking like everyday street wear. A dress shirt and tie still looks nice, for example, but a full suit isn't necessary in a business casual environment.

This group of employees showcases a relaxed business casual dress code. Their button-down shirts are

universally a great choice for a business casual environment. Even though the dress code is casual, their shirts are still not wrinkled or dirty. Instead, their shirts are well maintained and look nice while still upholding a relaxed vibe. As you can see from this picture, ties aren't necessary in a business casual workplace, and full suits are generally too formal for a business casual office. This is a good example of appropriate business casual dressing for men and women. Both men and women are allowed sweater tops, dress shirts, and button downs as well as tasteful use of accessories. Perfume and cologne must be worn

with restraint.

14.3. Notwithstanding the dress code set out above, Fridays are "casual day" and employees are permitted to wear casual clothing to work. However, if you will be attending to clients or persons from outside of the company on a Friday, men and women must adhere to the dress code set out above.

15. STUDY LOANS

15.3. Study loans and the terms and conditions pertaining thereto will be considered on a case by case basis and shall be granted in the sole and absolute discretion of the company.

15.4. All applications for study grants must be submitted to the Personnel Department for referral to the

board of directors.

15.5. Although the agreement regarding study loans will have many terms and conditions applicable to the company, you need to be aware that the following basic policy provisions will apply to study loans:

15.5.1. The company will, amongst other aspects, consider an employee's previous academic history

and whether the course the employee intends applying for is connected to the business of the company and will result in the employee being better qualified to perform his or her duties for the company;

15.5.2. The payment of the tuition will be in the form of a loan deducted from the employee’s salary every month for a maximum period equal to the term of the said module, but not more than 6 months.100% of the tuition fees will be deducted.

15.5.3. The employee must have been employed by the company for 12 months and longer to qualify or a study loan.

15.5.4. The employee must have sufficient annual leave due to cover the amount of the loan. This leave may not be taken until the loan has been repaid. The Human Resource Department will look at various factors in determining the time period in which to repay the loan. The loan is usually to be repaid over 3 – 6 months. This will be agreed with you. You are reminded that the Employee Self Service system cannot calculate the leave due when a study loan has been granted – his is a manual process and you need to contact the Human Resource Department at all times when requesting leave.

15.5.5. The company will contribute 50% of the cost of the course and all future courses up to a

maximum amount of R5000 if and when you pass. If the course is failed, the member forfeits any further assistance until the said module has been passed. The employee will then have to pay all fees to rewrite or enrol for the course again without any assistance.

15.5.6. It is required that an employee who receives a study loan continues to work for the company

for a period of 6 months after completion of the said course. However, if the employee leaves the company's employ (for any reason whatsoever) within the period of 6 months after completion of the course, the employee will be required to pay the full outstanding amount back to the company.

16. SALARY ADVANCE

16.3. You may request an advance on your salary up to a maximum of 25% for one month's gross salary.

This advance will be deducted off your salary at the end of the month in which the advance was taken. You are only permitted one advance every three (3) months. Your advance must be authorised and signed off by your director. The granting of an advance is the sole and absolute discretion of the company. The employee must further have sufficient annual leave due to cover the amount of the advance.

17. TELEPHONE CALLS AND CELLPHONES

17.3. The nature of the company's business dictates frequent use of the telephone. All work related calls should as far as possible be directed from the company's landline allocated to you and are to be directed to client's landlines. Cellular phone numbers should only be called as a last resort in order to save on costs. Your private cell phone is not to be used for doing business, except for consultants who are not office bound.

17.4. The use of the company's landline telephones for private use is restricted to urgent telephone calls.

Overseas calls are blocked. You are allowed to make R50-00 worth of private telephone calls per month. If you exceed this allowance, the company will deduct R5-00 per minute from your salary. This amount is to deter you from abusing company time. A telephone list will be given to you on a weekly basis of all calls you made and you are required to indicate any private calls made. This is spot checked and should it be found that you are dishonest and not identifying the private numbers dialled, the company will deduct R10-00 per minute from your salary and you will forfeit the R50-00 allowance. The deduction from your salary will be in the same month as the lists are distributed and will not be permitted to be paid back on a monthly basis. The period of the telephone calls usually range from the end of the week before the 20th of the one month till the end of the week before the 20th of the next month. Your private telephone calls are calculated and the Personnel Department will capture this by the 20th of the month and deduct it all at once from your salary paid to you on the 25th or last day of the month. Excessive use of the company's telephones for private calls will result in disciplinary action.

17.5. Due to the nature of the company's business, telephone numbers called and calls are recorded and

accordingly, there is no privacy in this regard. Accordingly, by signing this document you consent to the fact that your telephone call will not be private and/or confidential. In addition, you hereby give your irrevocable consent to the listening to and/or transcription of your telephone calls for purposes of any dispute (whether in the context of a business-related issue or otherwise) which may arise out of one or more of your telephone calls as well as for training purposes and any other purpose.

17.6. Due to the business of the company being done telephonically, your cell phone must be switched to

silent mode and you may only receive calls on your cell phone in case of emergencies. You may make calls and send text messages during your smoke break or lunch time.

17.7. The R50-00 allowance on private calls and the fact that you are allowed to have your cell phone on

silent mode is a privilege and may be suspended at any time.

18. USE OF COMPANY TIME, PROPERTY AND/OR FACILITIES

18.1.1 You may not make use of any of the company name or its resources, including but not limited to telephones, computer systems, photocopy machines and facilities for the purposes of personal gain and/or in any manner contrary to the company's best interests. The company’s property and facilities are for the sole use of performing your daily task and to enable you to do your work and not for private use at all. No programs, files, databases or any format of computer matters are allowed to be copied from computers via modem, email, disk scan or any other method. Any private or non-company owned computer matters are banned at all times. Contravention of the above is grounds for summarily dismissal.

19. POLYGRAPH TESTING

19.3. The company will conduct random polygraph tests on its employees on a quarterly basis. This is done in the company’s best interest.

20. INFORMATION TECHNOLOGY ("IT")

POLICY

20.3. General:

20.3.1. The company IT policy does not address every possible situation: rather, it establishes a framework of actions and activities that relate to the use of the company IT infrastructure. Merely due to a particular activity or situation may not be expressly prohibited, does not mean that such an activity is authorized. If you have any doubt, you must contact the IT Department for clarification before acting.

20.3.2. The company IT infrastructure provides shared applications and resources used by the. whole

company. You are therefore expected to appreciate that your actions in contravention of the IT policy will have a detrimental effect on you, the company and your co-employees.

20.3.3. You are required to safeguard the company's information process data base and client particulars

and you are required to take all reasonable steps to ensure that such information is not divulged to any person outside of the company or to any other employee of the company who does not require such information in the performance of their regular duties.

20.3.4. The company IT policy will be reviewed periodically and amended due to the constant

technological evolution of the Month Blanc IT infrastructure, IT infringements and legislation generally.

20.4. Equipment 20.4.1. All IT facilities, equipment, photocopy, printing and fax facilities, information (data), software

and/or any associated device/s residing on or used in conjunction with the company IT infrastructure shall remain the sole & absolute property of the Company.

20.4.2. The "workstation" you may be provided with as part of your work-related equipment and the

type/specifications thereof (e.g. laptop, desktop etc) will be determined on a per user basis which will be at the company's sole and absolute discretion.

20.4.3. You are therefore expected to utilise any IT hardware, software systems and information provided

to you by the company strictly for work related purposes for the benefit of the company only.

20.4.4. The IT department is responsible for the procurement, installation and maintenance of all computer hardware residing on the company network infrastructure. Accordingly, neither you nor third parties are permitted to connect any hardware and/or peripheral device not supplied by the IT Department to the company's network and/or related equipment.

20.4.5. You are prohibited from disconnecting or dismantling or allowing a 31d party to disconnect or

dismantle any hardware and/or peripheral device from the company's network.

20.4.6. If you wish to connect or disconnect any Hardware device/s you are required to obtain written permission/consent from the IT Department.

20.5. Software

20.5.1. You are prohibited from, or allowing a 3rd party, to load, unload and/or configure any software on any company IT system without the approval of the IT Department. This restriction applies to commercial software, shareware and freeware.

20.5.2. You are expressly prohibited from using the company facilities to make illegal copies of licensed

or copyrighted software. Copyrighted software may only be used in accordance with is license or purchase agreement.

20.5.3. You are prohibited from using any type of destructive software whatsoever that is designed, for

example, to destroy data, provide unauthorized access to computer systems, facilitate fraud and/or disrupt system processes in any way. The use of viruses, worms, Trojan horses, and other invasive software is strictly forbidden.

20.5.4. The company installs antivirus software on all of its computer systems and you are required to

use it. You are prohibited from tampering with this software or from turning it off. All external storage devices inserted into the company's computers must first be scanned for viruses or other forms of malicious software. If you receive warnings about viruses, please forward the information immediately to the IT department. Employees must immediately report any malfunction that might be related to a computer virus to the IT department.

20.5.5. If you wish to load, unload and/or configure any software you are required to obtain assistance

from the IT Department. 20.6. Security and Access Control 20.6.1. Your password will allow you to access those portions of the IT system you are authorised to

access. Access to certain network resources may require you to obtain the written permission/consent of the IT Department. You are not permitted to access or assist any other person to access IT resources you or they are not authorised to use.

20.6.2. You are expected to treat the contents of electronic files as private and confidential.

20.6.3. Any misuse of computing resources or potential "loopholes" in network security must be reported

to the IT Department and you agree to cooperate fully in the investigation of abuses.

20.6.4. You will be supplied with one or more means of user identification which will grant you access to specified authorised services and/or facilities in conjunction with your own unique password/so You may not divulge your user identification and/or password/s to any other party. You will be held directly liable/responsible if our machine and/or user identification and/or password/s are used for any unlawful purposes, including contraventions of the company IT policy.

20.6.5. You are obliged to disclose your user identification and/or password/s Department personnel

immediately upon request. to any authorized IT

20.6.6. Network accounts cannot be shared, transferred or used by other employees. You may not use network resources to misrepresent yourself as another employee ("spoofing"). If you fall victim to such misrepresentation, you must immediately report the incident to the IT Department.

20.6.7. You are not to interfere with the access rights of other employees.

20.6.8. You must "log" off your workstation when you leave at the end of each working day and you must

"lock" your workstation at all times when leaving your workstation unattended.

20.6.9. You may not engage in any activity that is intended to circumvent system security controls. This includes but is not limited to hacking which is defined as attempting (either successfully or unsuccessfully) to break into or gain unauthorized access to a computer system or network; cracking of user accounts and/or passwords; deletion of production data; making of unauthorised changes to production data; attempting to discover unprotected files; attempting to decode encrypted files and penetrate computer systems for unauthorized use.'

20.6.10. You may not copy directories unless prior written permission/consent has been granted by the IT

Department.

20.6.11. After the termination of your employment with the company for any reason whatsoever, you have no right to access or use anything on the company IT network.

20.6.12. Under no circumstances may you at any time enter the company Server Room.

20.7. Access to External Computers Systems

20.7.1. You may not use the company computer systems to access or attempt to access networks and/or computer systems other than those authorized for your use. This includes, but is not limited to, the internet, extranets, intranets, e-mail, files, folders and directories.

20.7.2. When external networks and/or computer systems are authorized, they may only be used for

company-related business. In addition, the downloading and/or storing and/or printing and/or e­mailing of undesirable/hateful/obscene/pornographic material are not permitted. You may not download and/or store programs and/or software that are not approved by the IT Department.

20.8. Email and Internet Usage

20.8.1. In addition to what is set out above, the following applies:

20.8.1.1. All e-mail correspondence must be sent and received through the company's system, which contains the information and disclaimers that the company requires on all e-mails and telefaxes.

20.8.1.2. Large e-mail messages must be transmitted after normal working hours unless critical in nature. If

you experience difficulties in sending a large e-mail document, you should consider using compression utilities such as WinZip for compression or contact the IT Department for assistance in the use of alternative methods.

20.8.1.3. The company shall not be held liable in the event that you store or use confidential information

such as passwords and credit card information on the company computer system which results in you suffering [ass for any reason whatsoever.

20.8.1.4. The company reserves the right to block any site deemed to be inappropriate.

20.8.1.5. Internet use, and indeed the use of all company resources, is restricted to work-related issues

and may not be used in the commission of any unlawful activity whatsoever, whether of a civil or criminal nature or in any way calculated to overburden the resources of the company.

20.9. Information Storage and Resources

20.9.1. You are encouraged to save work regularly. You are prohibited from storing personal information on the network and/or any IT devices belonging to the company.

20.9.2. You may not remove or copy any resource owned or licensed by the company.

20.10. Monitoring

20.10.1. Please note that every database contained on or connected with the company's computer system (including the information on 'any PC or laptop used by you to perform duties for the company). is the company's property. Furthermore, the company has the express right to monitor the use of all IT and telephone systems and related resources, and you may not, for any reason whatsoever or in any manner whatsoever, refuse access. Accordingly, by your signature hereunder you acknowledge and accept that no privacy whatsoever attaches to any such information. Furthermore, you hereby consent to the company accessing, for any reason deemed necessary

in its sole and absolute discretion, any information contained in a database referred to in this point You are therefore warned that the company has unlimited access to everything you do in connection with the IT system and you cannot refuse the company such access for any reason whatsoever, especially if you are engaged in behaviour that is unlawful, contrary to your employment agreement with the company or in manner effects the company's interests. Additionally, you cannot object if private or embarrassing material comes to the knowledge of the company, as such material should not in any event be dealt with at work.

20.10.2. The company reserves the right to test and monitor security, and review any files or information

resident on any systems allegedly related to unacceptable use.

20.10.3. The company shall have the right, at all times (including in your absence), to access any employee's files, folders and/or messages in its sole and absolute discretion.

21. CONFIDENTIALITY

21.3. The company's business is highly confidential in nature and you are expected to maintain the strictest confidentiality regarding all systems and information connected with your employment By your signature hereunder, you acknowledge that you have read and understood the contents of this section and that you agree to be bound by its provisions.

21.4. It is recorded that: 21.4.1. The company carries on business inter alia as long and short terms insurance brokers; 21.4.2. You Will, by virtue of your association with the company, become possessed of and will have

access to the group's "confidential information~ which includes but is not limited to the following: 21.4.2.1. Knowledge of the identities and details of the company's customers and business associates; 21.4.2.2. The names of prospective customers, their details and requirements; 21.4.2.3. The manner in which the company manages and markets its products; 21.4.2.4. The various procedures the company uses in the implementation of its product, business

associate and client relations; 21.4.2.5. Other matters/information which relate to the business of the company, which is not readily

available in the ordinary course of business to competitors.

21.5. The employee hereby acknowledges that: 21.5.1. The confidential information set out in paragraphs 16.2.2 to 16.2.2.5 is the property of the

company and needs to be protected at all times from disclosure. 21.5.2. On termination of the employee's employment for any reason whatsoever, if the employee takes

up employment or otherwise becomes associated with or interested in a competitor of the company, the divulging of the company's confidential information would cause the company prejudice and harm.

21.6. Having regard to paragraphs 16.1 to 16.3.2 above, the employee hereby undertakes that in order

to protect company's proprietary and general interests: 21.6.1. He/she will not, during their employment at the company or at any time thereafter either

themselves use, or directly or indirectly divulge or disclose to others, any of the confidential information.

21.6.2. The employee will not, either for himself/herself or as the agent of anyone else, persuade, induce, solicit or encourage or procure any employee of the company to become employed by or interested in any manner whatsoever in any other business, firm, undertaking or company.

21.6.3. The employee will not undertake any private consultative assignments during his/her employment (whether or not outside of normal working hours) with any competitor of the company.

22. DISCIPLINARY PROCUDURE, POLICY AND CODE

1. Applicability

1.1. This code shall apply to and form part of the contracts of employment of all employees, and the principles contained herein shall apply equally to all employees.

2. General Terms

2.1. The various disciplinary actions detailed in the Disciplinary Code (hereinafter referred to as ''the

Code”) are intended to serve as guidelines to management and staff and are accordingly not exhaustive.

2.2. The Code is based on the principle of progressive discipline. However, progressive discipline

need not be applied in respect of serious offences where dismissal is the appropriate penalty in circumstances where the offence is so grave that it makes the continued employment relationship intolerable.

2.3. In circumstances where rules or standards are well established and are not contained in the

Code or where further rules or standards are communicated to the employees, the employer

will be entitled to take disciplinary action where there has been a transgression of such rule or standard.

2.4. Disciplinary warnings issued shall be kept in the personal file of the employee for the duration

of that warning.

2.5. Expired warnings will not be taken into account in any subsequent disciplinary action.

2.6. Depending on the nature of the offence, the employer will be entitled to take into account warnings in respect of other categories of offences, together with the infraction for which an employee is currently being disciplined, where an employee has two or more warnings running concurrently against him, and where the employer clearly informs the employee thereof in order to enable the employee to properly prepare herself/himself for the enquiry. The employer will be entitled to dismiss an employee for the cumulative effect of the concurrent warnings.

2.7. Inter alia the following factors (all of which do not have to be present) shall be taken into

account when determining whether dismissal is the appropriate penalty; 2.7.1. the gravity of the misconduct;

2.7.2. the circumstances of the infringement;

2.7.3. the nature of the employee's job;

2.7.4. the actual or potential prejudice to, or loss suffered by, the company;

2.7.5. the prevalence of the offence generally;

2.7.6. the circumstances of the employee, which shall include the following:

2.7.6.1. service period;

2.7.6.2. status;

2.7.6.3. record;

2.7.6.4. personal circumstances

3. Time periods relating to the expiry of warnings

3.1. verbal warning three months

3.2. written warning six months

3.3. final written warning twelve months

4. Nature of disciplinary measures

4.1. There are four types of penalties which may be applied. In order of severity and depending upon the nature of the transgression, they are as follows:

4.1.1. verbal warning

4.1.2. written warning

4.1.3. final written warning

4.1.4. dismissal

4.2. The warnings are cumulative in nature, subject to paragraph 2.2 above. For example, an employee who is already in receipt of a verbal warning for a particular offence and who commits a further offence of a similar nature within the prescribed time period will be subject to the following step in accordance with paragraph 4.1 hereof, depending however on the nature and severity of the second offence.

5. The procedure for enquiries and hearings

5.1. General

5.1.1. 'Management' or 'manager' refers to any employee who is a director and any employee who is the head of a department

5.1.2. The 'presiding officer' who shall establish the facts impartially and objectively, shall be

any person who has been duly appointed to preside over any disciplinary enquiry, hearing or appeal and which may include a person who is not an employee of the company. The presiding officer not have any knowledge of the issue other than the information contained in the notification form.

5.1.3. A 'manager' is any employee employed as such in that capacity.

5.1.4. Any employee disciplined in terms of this procedure or where such an employee is

required to attend a hearing for incapacity, may nominate a union representative (shop steward) or any other fellow employee to act as a representative during such proceedings.

5.1.5. The 'complainant' is any employee who may be called as a witness by the employer

representative in order to give evidence against any employee disciplined in terms of this procedure for misconduct or where such employee is required to attend a hearing for incapacity.

5.1.6. The 'employer representative' is any person so instructed by management to present

the case against an employee at any disciplinary enquiry or hearing.

5.1.7. The 'Server' refers to the person who serves any notification on an employee who must attend an enquiry or a hearing.

5.1.8. The 'interpreter' is an interpreter appointed by the company where an accused

employee has requested the assistance of an interpreter to interpret for him at any enquiry or hearing.

5.1.9. A 'disciplinary enquiry' refers to an enquiry which is held in cases of alleged misconduct.

5.1.10. A 'hearing' refers to the hearing which is held in instances of the alleged incapacity of

an employee.

5.1.11. All references to the male gender shall include the female gender where applicable.

5.1.12. 'The Act' refers to the labour Relations Act 66 of 1995 as amended.

6. Informal and formal disciplinary action

6.1. Verbal warning: if management or a manager is of the opinion that the behaviour or performance of an employee is unsatisfactory but does not warrant a written, final written warning or dismissal, then a verbal warning will be given. The employee is entitled to a representative, and a record of the warning shall be placed in the employee's personal file. Details of the verbal warning given shall be recorded in writing.

6.2. Written warning: if subsequent to issuing a verbal warning, the employee fails to improve or

commits a further offence, or if an employee commits any offence which warrants a written warning, the manager or manager shall discuss the nature of the transgression with the employee in the presence of the employee's representative. The employee must be given the opportunity to state his version of the events and lead evidence in mitigation. Should there be a dispute relating to the facts of the case then a formal disciplinary enquiry must be held. A formal disciplinary enquiry may also be held in circumstances where the manager feels that it would be expedient in the circumstances to hold one or where the employee requests a formal enquiry. A record of the warning must be placed in the employee's personal file and a copy of the warning must be handed to the employee.

6.3. Final written warning: if subsequent to issuing a written warning, the employee fails to

improve or again commits the same or similar offence, or if an employee commits any offence which warrants a final written warning, the manager or management must make the necessary arrangements for a formal disciplinary enquiry to be held.

6.4. Dismissal: if subsequent to issuing a final written warning, the employee fails to improve or

commits a further offence, or if an employee commits any offence which may justify dismissal then the necessary arrangements shall be made for a formal disciplinary enquiry to be held.

7. Procedure for a formal disciplinary enquiry

7.1. A manager shall complete a form 'Notification of a Disciplinary enquiry' which is attached

hereto marked as 'Annexure A'.

7.2. A server must hand the original form to the accused employee who must sign at the designated place on the form, and on a copy· of the form, indicating his receipt thereof. The original must be placed in the accused's personal file. Should the accused employee refuse to sign the form as set out above, then a witness shall sign the form at the designated area as evidence that the form has been handed to the accused employee.

7.3. The accused employee must be given sufficient time to prepare for the enquiry, which shall be no less than 48 hours. The date, place and time for the enquiry must be clearly stipulated on the Notification form.

7.4. Management shall indicate at the designated place on the above form whether the accused

employee is to continue working, or if the employee will be suspended on full benefits until the date of the enquiry. Should the accused employee be suspended, the employee will be required to immediately vacate the employer's premises and not return until the date of the enquiry. Any relevant information which the suspended employee requires in preparation for the enquiry shall be requested directly from the employer representative (whose details must be included on the Notification form). The accused employee shall have no contact with clients, customers or staff of the employer (aside from the employee's representative or witnesses) and shall immediately return all items and documents upon request by the employer.

7.5. The disciplinary enquiry shall be conducted in accordance with the procedure set out in

'Annexure B' attached hereto.

7.6. The form 'Notification of the penalty' shall be completed and signed by the parties as the conclusion of the enquiry. This form shall be used in all cases in order to inform the accused employee of the penalty imposed (see 'Annexure C' hereto).

7.7. Should the penalty be a final written warning or a dismissal, the accused employee shall be

notified of his right to appeal.

7.8. Where the penalty was a dismissal, the employee shall immediately return the remaining items, documents and information (in whatever form or format) relating to the company which are in his possession or under his control, to the company. The employer shall as soon as possible pay the employee his wages or salary as the case may be up to and including the day on which the enquiry is concluded, together with any other monies which may be due, less any valid deductions.

7.9. If an employee is absent from an enquiry without having agreed to another date and time with the employer, and remains absent for a period of 30 minutes, the enquiry will be held in the employee's absence. The employee will thereafter be notified of the penalty in writing which may be submitted either per hand or registered mail to the last address furnished to the employer by the employee. The employee will be required to attend the employer's premises in order to collect any monies due to him, and to return all remaining items and documents under his control or in his possession.

7.10. Wherever possible, disciplinary enquiries should be held during normal working hours.

7.11. Where an employee fail to attend at work for a period of 3 (three) consecutive working days for

Whatever reason or cause and without notifying his employer and obtaining his employer's permission to be absent from work, the form 'Notification of a Disciplinary Enquiry' shall be submitted per registered mail or per hand to the last address provided by the employee. Seven (7) days notice shall be given to the accused employee. Should the accused employee fail to attend the enquiry and remain absent for 30 minutes, the enquiry shall take place in his or her absence. The employee will be notified of the penalty either per hand or per registered mail to the last address provided by the employee.

7.12. The fact that certain misconduct may result in criminal charges being laid against the accused employee does not prevent the employer from holding a disciplinary enquiry in accordance with its procedure.

8. Procedure for an appeal hearing

8.1. An employee has the right to appeal against a final written warning or a dismissal for

misconduct or where the employee was dismissed following a hearing concerning his incapacity under the following circumstances: 8.1.1. The procedure was not adhered to; and/or

8.1.2. new evidence or a witness is now available which may materially influence the

decision taken at the enquiry or hearing; and/or

8.1.3. findings on the facts in that the evidence presented at the disciplinary enquiry does not support the presiding officer's findings that on a balance of probabilities that the infraction did indeed occur; and/or

8.1.4. the incapacity was not proved at the hearing; and/or

8.1.5. the penalty imposed was not commensurate with the offence; and/or

8.1.6. the penalty of dismissal was not the appropriate penalty.

8.2. An appeal must be lodged within 3 (three) working days from the date of the fanner employee

having been informed of the penalty. The form 'Appeal Form" (annexure "0" hereto) must be completed by the employee and submitted to the employer representative.

8.3. Management or the manager shall notify the former employee in any manner which may be

expedient in the circumstances, of a date, place and time of the appeal hearing. 8.4. The former employee is entitled to a representative who is a fellow employee.

8.5. The appeal hearing must be conducted by someone other than the presiding officer who

conducted the initial disciplinary enquiry or hearing.

8.6. Where the employee appeals in accordance with Sub-paragraph 8.1.1 above, the presiding officer may hold a full re­hearing where he is of the opinion that the irregularities were so grave that they caused prejudice to the accused employee. Should the irregularities not be serious, then the presiding officer may hear arguments on the alleged irregularities.

8.7. Where the former employee appeals in accordance with sub paragraph 8.1.2 above the

presiding officer must hear the new evidence.

8.8. Where the employee appeals in accordance with sub paragraph 8.1.3, 8.1.4, 8.1.5 or 8.1.6 above, a review of the evidence will suffice supported by arguments from both sides, providing that an accurate record of the hearing is available. The presiding officer has the discretion to re-hear any evidence.

8.9. The fanner employee must be notified in writing (as set out in Annexure '01' attached hereto) of the presiding officer's findings and the reasons for the findings within 7 (seven) working days calculated from the date of the conclusion of the appeal hearing. 8.9.1. If the employee's dismissal is upheld, the employee should be reminded of the right to

refer the matter to a council with jurisdiction or to the CCMA.

8.10. The presiding officer is competent to amend or ratify the penalty imposed by the presiding officer of the disciplinary enquiry or hearing.

9. Counselling for poor work performance

9.1. The manager or manager may in his discretion elect to counsel for poor work performance

instead of taking disciplinary action where appropriate in the circumstances.

9.2. Poor work performance is where an employee is performing poorly at work and is not meeting the required standards.

9.3. A newly hired employee may be placed on probation for a reasonable period of time which will

depend on the nature of the job and the time it takes to determine the suitability for continued employment.

9.4. An employee must be given a fair opportunity to improve which will vary in accordance with the

facts of each case. During this period the employer must hold counselling sessions with the employee and provide the necessary evaluation, instruction, training, guidance or counselling in accordance with annexure E.

9.5. The employee must be made aware of the required standard and be given a fair opportunity to

improve.

9.5.1. The employee must be made aware that if there is no improvement in work

performance, dismissal may result. This advice must be noted on the record of counselling.

9.6. The form 'record of counselling' (annexure GF) is to be utilised. Should the employee fail to

improve during this period then management or a manager shall complete the form 'Notification to attend a hearing' ('Annexure P). The procedures for the hearing are attached hereto marked as 'Annexure G'. The presiding officer may not be the same person who attended to the counselling session.

9.7. The appeal procedures as set out above shall apply. 'Notification of the outcome' form which is

attached hereto marked as 'Annexure H' shall be handed to the employee at the conclusion of the hearing should the outcome be that of a dismissal.

10. Counselling for temporary or permanent ill health or injury

10.1. If the incapacity is temporary, management or a manager shall hold a counselling session with the effected employee in order to investigate the extent of the incapacity.

10.2. Where in the incapacity is of a permanent nature, counselling sessions shall be held with the

effected employee in order to consider the possibility of alternative employment within the organisation or the possibility of adapting the~ employee's duties.

10.3. In both instances the form 'record of counselling' is to be utilised and is attached hereto marked

as 'Annexure I'. Dismissal should be the last resort and must be preceded by a hearing.

10.4. A manager must hand the employee a form 'Notification to attend a hearing' which is attached hereto marked as 'Annexure J'. The procedure relating to the manner in which the hearing is to be conducted is attached hereto marked as 'Annexure K'.

10.5. 'Notification of the outcome' form which is attached hereto marked as 'Annexure L' shall be

handed to the employee at the conclusion of the hearing should the outcome be that of a dismissal.

10.6. The appeal procedure as set out above shall apply.

OFFENCES

NATURE OF OFFENCE FIRST SECOND THIRD FOURTH

TIME-KEEPING OFFENCES

Late for work / leaving early without permission Verbal Written Final Dismissal

Absence from place of work without permission Verbal Written Final Dismissal

Absent from work for three consecutive days without permission Dismissal

Fraudulent timekeeping Dismissal

Unauthorised absence from work Dismissal

Extended or unauthorised breaks during work hours Verbal Written Final Dismissal

Loitering Verbal Written Final Dismissal

WORK OUTPUT OFFENCES

Sleeping on duty Final Dismissal

Refusal to obey a lawful & reasonable work instruction Final Dismissal

Poor quality of work Dismissal

Continuously failing to work according to standard and/or target Dismissal

Attending to private work during company time Dismissal

Using company property for a purpose other than that intended Final Dismissal

Playing computer games and the like, during company time. Verbal Written Final Dismissal

QUALITY OF WORK OFFENCES

Poor maintenance of machines Verbal Written Final Dismissal

Wastage of material Verbal Written Final Dismissal

Negligent, loss, damage to or misuse of company property/products Dismissal

Negligent loss of Company property: any act whereby an employee, through carelessness or negligence, loses company property or is unable to account for such property in a satisfactory manner. Dismissal

Negligent damage to Company property: Any act whereby an employee, through carelessness or negligence, causes or allows damage to Company property under his control. Dismissal .

Misuse or Abuse of Company property: Use of Company property for a purpose or purposes other than that for which it is intended or in the manner prescribed (particularly safety and fire fighting equipment). Final Dismissal

Unauthorised Access to Company Premises: Any act whereby an employee permits another person or persons to enter Company property contrary to Company rules. Final Dismissal

Wilful Loss, Damage to or Misuse of Company Property Dismissal

Wilful Loss: Any act whereby an employee wilfully loses Company properly or causes it to be lost. Dismissal

Wilful Damage: Any act whereby an employee wilfully damages or allows or causes damage to Company property. Dismissal

Wilful Misuse: Any act whereby an employee wilfully misuses Company properly. Dismissal

Negligent or wilful injury to another Dismissal

Negligently or wilfully exposing employer to financial loss Dismissal

SOCIAL OFFENCES

Under the influence of alcohol or drugs Verbal Counsellin

g Final Dismissal

Incapable of working properly whilst apparently under the influence of alcohol or drugs Verbal

Counselling Final Dismissal

Unauthorised consumption of alcohol or drugs for non medical purposes during working hours Dismissal

Threat of assault, assault, fighting Dismissal

Unauthorised possession or entry onto company premises with weapons Dismissal

Intimidation or incitement to violence Dismissal

Smoking in prohibited areas Verbal written Final Dismissal

Using insulting or abusive language Final Dismissal

ATTITUDE OFFENCES

Insubordination, disrespect, disobedience Dismissal

Failure to observe security and safety regulations Dismissal

Gross negligence Dismissal

Gross incompetence Dismissal

OTHER OFFENCES

Theft Dismissal

Unauthorised possession of company, client or employee property Dismissal

Divulging confidential information Dismissal

Fraud Dismissal

OFFENCES RELATING TO DISHONESTY

Conflict of Interests Dismissal

Receiving gifts or awards from any third party either in money or in kind. Dismissal

Bribery or Corruption Dismissal

Giving or receiving or attempting to give or receive any bribe or inducing or attempting to induce any person to perform any corrupt act. Dismissal

Applying or attempting to apply any funds or property belonging to the Company for a wrongful or unauthorised purpose Dismissal

Making false statement and/or declarations when applying for work. Dismissal

Supplying incorrect or false information in any work-related context Dismissal

Attempting or causing to bring the company into disrepute Dismissal

Failure to follow company policies and rules Final Dismissal

Intentionally failing to act in the best interests of the company Dismissal

Any act which interferes with the normal operations of the company Dismissal

Victimisation Dismissal

Giving of a false identity Dismissal

Unprotected industrial action Dismissal

Failure to treat others and or their property with respect Dismissal

Threatening violence Dismissal

Sexual harassment Final Dismissal

Competing with the employer Dismissal

NOTE: Nothing in this disciplinary code and procedure shall affect the employer's right to summarily

terminate an employee's contract of employment on grounds recognised by law as sufficient, after holding a disciplinary enquiry.

ANNEXURE A

NOTIFICATION OF A DISCIPLINARY ENQUIRY (MISCONDUCT) NAME OF EMPLOYEE : _______________________________________ OCCUPATION : ______________________________________________ SECTION : __________________________________________________ You are hereby notified that a Disciplinary Enquiry into the transgression/s as detailed below will be held as follows: Date of Enquiry : ______________________________________________ Time : ______________________________________________________ Venue : _____________________________________________________ The charge/s and brief details of the transgression/s are as follows: (A) ___________________________________________________________________________________ ______________________________________________________________________________________ (B) ___________________________________________________________________________________ ______________________________________________________________________________________ (C) ___________________________________________________________________________________ ______________________________________________________________________________________ Kindly Note 1) at the enquiry you will be allowed an opportunity to state a case in response to the allegations. 2) that you shall be entitled to the assistance of a trade union representative or a fellow employee at the enquiry. Kindly note further that you are responsible for the following: You are further informed that you are/are not suspended from duty

(1) Ensuring that your representative is available on the date of enquiry, (2) That both your representative and yourself are in a position to proceed at the date and time scheduled for the enquiry, (3) That your witnesses are present, (4) That any evidence which you may wish to present is available, (5) Timeously advise the company should you require an interpreter

You are further informed that you are/are not suspended from duty If so, the suspension will be on full benefits from the _______ of ___________ 2009 At ________ h __________ until the date of the enquiry. _____________________________ _________________________ Name of the server Signature of the server _____________________________ _________________________ Date of service Time of service _____________________________ Signature of accused employee ______________________________________________ __________________________ Name of witness where accused employee refuses to sign Signature of witness

ANNEXURE B

PROCEDURE FOR CONDUCTING A DISCIPLINARY ENQUIRY (MISCONDUCT)

1. Open the proceedings and welcome all present:

1.1. the complainant,

1.2. the accused employee,

1.3. the accused's representative,

1.4. the interpreter, and the

1.5. employer representative.

2. State the person's function: 2.1. The complainant: gives evidence against the accused employee,

2.2. the accused: presents his case in defence,

2.3. the accused's representative: assists the accused in the presentation of his case,

2.4. the interpreter: interprets for the accused,

2.5. the employer representative: presents the case against the accused employee,

2.6. the presiding officer establishes the facts impartially and objectively, delivers the verdict and penalty and ensures

that a proper record of the proceedings are kept The presiding officer must establish whether the employer has proved its case on a balance of probabilities. This means that the party whose version of the facts is the more probable must succeed.

3. The employer representative presents his case as follows:

3.1. reads out the charges as per 'Annexure A',

3.2. presents 'Annexure A' to the accused and confirms that the accused did receive the notification form, where after the original form is handed to the presiding officer.

3.3. The presiding officer then requests the accused to plead to the charges (either guilty or not guilty)

3.4. presents a summary of the crisp issues of the matter,

3.5. calls the complainant and any other witnesses one at a time to give evidence, and presents documentation where

necessary,

3.6. the accused is entitled to cross-examine the complainant and each witness,

3.7. the accused's representative is entitled to cross-examine the complainant and each witness,

3.8. the presiding officer is entitled to ask the complainant and the witness any questions in order to clear up any uncertainties,

3.9. once the employer representative has presented all his evidence, he informs the presiding officer thereof and

closes his case.

4. The accused employee presents his case as follows:

4.1. the accused states his case in response by answering all allegations against him or by submitting an explanation of his behaviour or denying the charges against him, giving evidence and presenting documentation where necessary with the assistance of his representative,

4.2. the accused calls his witnesses one at a time to give evidence, and presents documentation where necessary.

4.3. The employer representative is entitled to cross-examine the accused employee and each witness,

4.4. The presiding officer is entitled to ask the accused employee and his witnesses any questions in order to clear-up

any uncertainties,

4.5. Once the accused has presented all his evidence, he informs the presiding-officer thereof and closes his case.

5. Each party has the opportunity to present a closing argument

6. The presiding officer then adjourns the enquiry in order to consider the evidence, and prepares written reasons for his findings.

7. The hearing is reconvened and the presiding officer reads out the reasons for his findings and delivers his verdict. If the

accused was found not guilty, the enquiry is concluded and the record thereof is destroyed.

8. If the accused has been found guilty the presiding officer must: 8.1. ask the employer representative to provide him with the accused's disciplinary and service record, 8.2. ask the accused and his representative to address him on evidence in mitigation of sentence, taking into account

the transgression, the interests of the employer, the personal circumstances of the employee and their suggestion as to a suitable penalty and their reasons therefore,

8.3. ask the employer representative to address him on the suitability of a penalty and the reasons therefore.

9. The presiding officer shall adjourn the enquiry in order to decide on an appropriate penalty.

10. The presiding officer must take the following factors into account when arriving at the appropriate penalty, which are as

follows: 10.1. the extent of the breakdown of the relationship

10.2. the gravity of the misconduct

10.3. length of service

10.4. the offence itself

10.5. surrounding circumstances of the transgression

10.6. the nature of the work performed by the employee

10.7. previous record

10.8. the nature & size of the employer's workforce

10.9. position & profile in the market

10.10. the impact on the workforce

10.11. the nature of the work & services rendered by the employee

10.12. the relationship between the employee and the victim

10.13. the size of the employer's undertaking

10.14. personal circumstances of the employee.

11. The presiding officer must read out his findings of the above and announce the penalty.

12. The accused must be handed 'Annexure e', the original of which must be placed in the accused's personal file.

13. The accused must be advised of his right to appeal where the penalty was that of a final written warning or a dismissal.

14. The presiding officer informs the accused in circumstances where the accused has been dismissed as to the date and time when he must collect any monies due to him and his certificate of service.

ANNEXURE C

NOTIFICATION OF A PENALTY (MISCONDUCT) NAME OF EMPLOYEE : _________________________________________ OCCUPATION : ________________________________________________ SECTION : ____________________________________________________ The following penalty was handed down at the disciplinary enquiry which was held on ____________ the ______ of ________________ 20___: Verbal warning Period _____________________ (months) Written warning Period _____________________ (months) Final written warning Period _____________________ (months) The above penalty was as a result of the following misconduct: CHARGE: ______________________________________________________________________________________ ______________________________________________________________________________________ _______________________________________ ________________ ______________ NAME OF PRESIDING OFFICER DATE TIME _______________________________________ SIGNATURE _______________________________________ ________________ ______________ SIGNATURE OF EMPLOYEE DATE TIME

ANNEXURE C 1

NOTIFICATION OF OUTCOME (DISMISSAL FOR MISCONDUCT) NAME OF EMPLOYEE : _________________________________________ OCCUPATION : ________________________________________________ SECTION : ____________________________________________________ You are hereby advised that following the hearing in connection with the charge as contained in the notification of a disciplinary enquiry, that dismissal for the reasons set out hereunder is deemed to be the appropriate sanction. Reasons: ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ You are required to vacate the premises immediately and return all company property which is either under your control or in your possession. Notice pay will be paid to you and your salary for the month of __________________________ 20____ and any leave pay owing to you will be paid to you within 7 days of date hereof and in the usual manner You are reminded of your rights to refer the matter to a council with jurisdiction or to the CCMA. ____________________________________________ _________________ SIGNATURE: PRESIDING OFFICER DATE ____________________________________________ SIGNATURE: EMPLOYER REPRESENTATIVE ____________________________________________ __________________________________ SIGNATURE: EMPLOYEE SIGNATURE OF REPRESENTATIVE

ANNEXURE D

APPEAL FORM NAME OF EMPLOYEE : _________________________________________ OCCUPATION : ________________________________________________ SECTION : ____________________________________________________ I, hereby appeal against the Final written warning of the disciplinary enquiry Dismissal of the disciplinary enquiry My grounds for the appeal are as follows: ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ __________________________________________ SIGNATURE OF APPELLANT __________________ DATE __________________________________________ NAME OF EMPLOYER REPRESENTATIVE __________________________________________ SIGNATURE OF EMPLOYER REPRESENTATIVE __________________ DATE

ANNEXURE D 1 NOTIFICATION OF OUTCOME OF APPEAL NAME OF EMPLOYEE : _________________________________________ OCCUPATION : ________________________________________________ SECTION : ____________________________________________________ NAME OF CHAIRMAN : __________________________________________ Reasons for the appeal – as they appear from the "APPEAL FORM" submitted into the record by the employee Decision of chairman of appeal hearing: ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ _________________________________________ SIGNATURE OF CHAIRMAN DATE _________________________________________ SIGNATURE OF EMPLOYEE DATE _________________________________________ SIGNATURE OF REPRESENTATIVE DATE _________________________________________ SIGNATURE OF WITNESS DATE

ANNEXURE E

RECORD OF COUNSELLING (POOR WORK PERFORMANCE)

NAME OF EMPLOYEE : _________________________________________ SECTION : ____________________________________________________ DATE : _______________________________________________________ TIME COMMENCED : ___________________________________________ TIME CONCLUDED : ____________________________________________ SPECIFIC DETAILS OF WHAT THE EMPLOYEE IS REQUIRED TO DO: ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ DETAILS OF THE EVALUATION OF THE POOR WORK PERFORMANCE: ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ REASONS FOR THE UNSATISFACTORY PERFORMANCE ACCORDING TO THE EMPLOYEE: ASSISTANCE REQUIRED AS REQUESTED BY THE EMPLOYEE: ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ASSISTANCE AGREED TO BY EMPLOYER: ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________

ADVICE AND GUIDANCE OFFERED BY EMPLOYER: ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ COMMENTS BY EMPLOYEE: ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ DATE FOR NEXT MEETING IN ORDER TO EVALUATE IMPROVEMENT: _______________________________________ _______________________________________ SIGNATURE OF EMPLOYEE _______________________________________ SIGNATURE OF EMPLOYER _______________________________________ SIGNATURE OF REPRESENTATIVE _______________________________________ SIGNATURE OF INTERPRETER By appending our signatures hereto we confirm that the above is an accurate record.

ANNEXURE E 1

FOLLOW UP (POOR WORK PERFORMANCE)

NAME OF EMPLOYEE : _________________________________________ SECTION : ____________________________________________________ DATE : _______________________________________________________ TIME OF MEETING : ____________________________________________ EVALUATION: ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ COMMENTS BY EMPLOYER: (INCLUDING POSSIBLE DISMISSAL WARNING RE: POOR PERFORMANCE) ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ COMMENTS BY EMPLOYEE: ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ _______________________________________ SIGNATURE OF EMPLOYER _______________________________________ SIGNATURE OF EMPLOYEE _______________________________________ _______________________________________ SIGNATURE OF REPRESENTATIVE SIGNATURE OF INTERPRETER By appending our signatures hereto we confirm that the above is an accurate record.

PROCEDURE FOR CONDUCTING A HEARING (POOR WORK PERFORMANCE)

1. The presiding officer opens the proceedings and welcomes all present: 1.1. complainant, 1.2. employee, 1.3. employee's representative, 1.4. interpreter, and 1.5. the employer representative.

2. The function of each person is explained:

2.1. the complainant: gives evidence against the employee, 2.2. the employee: states his version, 2.3. the employee representative: assists the employee 2.4. the interpreter: interprets for the employee 2.5. the company representative: presents the case against the employee 2.6. the presiding officer: who shall preferably not have prior knowledge of the facts and who shall establish the facts

impartially and objectively, ensures 1hat an accurate record of the proceedings is kept, arrives at a finding as to whether it has been shown that the employee was aware of the required performance standard, whether the employee has been given a fair opportunity to improve, whether the possibility of alternative employment was considered, whether the performance standard was objective, and the delivery of an appropriate sanction.

3. The employer representative presents his case as follows:

3.1. he establishes that the employee received the notification form to attend the hearing by showing the original to the employee, reads the content thereof, and hands the original to the presiding officer,

3.2. calls the complainant and any other witnesses one at a time to give evidence and hands the documentation of the counselling sessions and any other relevant documentation to the presiding officer,

3.3. the employee is entitled to cross-examine the complainant and any other witness, 3.4. the employee's representative is entitled to cross-examine the complainant and any other witnesses, 3.5. the presiding officer may ask the complainant and witnesses questions in order to clarify any uncertainties, 3.6. the employer representative closes his case.

4. The employee presents his case as follows:

4.1. the employee with the assistance of his representative gives evidence and hands in documentation where necessary,

4.2. he calls his witnesses one at a time and they give evidence, 4.3. the employer representative is entitled to cross-examine the employee and his witnesses, 4.4. the presiding officer may ask the employee and his witnesses questions in order to clarify any uncertainties, 4.5. the employee closes his case.

5. The employer representative delivers a closing argument. 6. The employee and his representative deliver a closing argument. 7. The presiding officer adjourns the proceedings in order to make his findings. 8. The presiding officer reconvenes the hearing and delivers his findings. He may refer the matter back to the person who

attended to the counselling. A new hearing may be arranged at a later time if necessary and the proceedings are adjourned, or

9. The presiding officer may request the employer representative and employee to address him on the appropriateness of dismissal, which address by the employee shall include evidence in mitigation of sentence and his personal circumstances.

10. The presiding officer shall adjourn the proceedings. 11. The presiding officer reconvenes and delivers the outcome together with the reasons therefore and the sanction. 12. The employee is handed the form 'Notification of the Outcome' in the event of a dismissal, and the relevant signatures are

obtained. The employee is advised of his right to appeal and the hearing is thereafter adjourned. ANNEXURE F

NOTIFICATION TO ATTEND A HEARING (POOR WORK PERFORMANCE) NAME OF EMPLOYEE : _________________________________________ OCCUPATION : ________________________________________________ NAME OF CHAIRMAN : __________________________________________

You are hereby notified that a hearing will be held on________________________________________ the ____________ of _____________________ 20_____ at _______h_______ Various counselling sessions for your unsatisfactory work performance were held however, after having afforded you a fair opportunity to improve you have failed to meet the required work standard. Please find under cover hereof copies of the various counselling sessions in order to enable you to prepare for the hearing and the presentation of your case to the presiding officer. Kindly Note: 1) at the enquiry you will be allowed an opportunity to state a case in response to the allegations. 2) that you shall be entitled to the assistance of a trade union representative or a fellow employee at the enquiry. Kindly note further that your are responsible for the following:

1) ensuring that your representative is available on the date of the enquiry,

2) that both your representative and yourself are in a position to proceed at the date and time scheduled for the enquiry,

3) that your witnesses are present,

4) that any evidence which you may wish to present is available.

5) ensure that the interpreter which you wish to use is available. You are suspended on full benefits from the________________ of 20_____, from _________h ___________________________________ ___________________________________ SIGNATURE OF SERVER DATE AND TIME OF SERVICE ___________________________________ ___________________________________ WITNESS NAME: SIGNATURE OF WITNESS EMPLOYEE REFUSES TO SIGN

ANNEXURE H

NOTIFICATION OF OUTCOME (DISMISSAL FOR POOR WORK PERFORMANCE) NAME OF EMPLOYEE : _________________________________________ OCCUPATION : ________________________________________________ NAME OF CHAIRMAN : __________________________________________ You are hereby advised that following the hearing in connection with your inability to meet the required performance standard, that dismissal for the reasons set out hereunder, is deemed to be the appropriate sanction. REASONS: ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ You are required to vacate the premises immediately and return all company property which is either under your control or in your possession. ________________ notice pay will be paid to you and your salary for the month of ______________ 20___ and any leave pay owing to you will be paid within 7 days of date hereof in the usual manner. You are reminded of your rights to refer the matter to a council with jurisdiction or to the CCMA. ___________________________________ ___________________________________ SIGNATURE OF PRESIDING OFFICER DATED ___________________________________ ___________________________________ SIGNATURE OF EMPLOYER REPRESENTATIVE ___________________________________ ___________________________________ SIGNATURE OF EMPLOYEE ___________________________________ ___________________________________ SIGNATURE OF INTERPRETER

ANNEXURE I

RECORD OF COUNSELLING (TEMPORARY OR PERMANENT ILL HEALTH OR INJURY) NAME OF EMPLOYEE : _________________________________________ OCCUPATION : ________________________________________________ DATE : _______________________________________________________ TIME COMMENCED : ___________________________________________ TIME CONCLUDED : ____________________________________________ Temporary illness Permanent illness Temporary injury Permanent injury A. TEMPORARY INCAPACITY EXTENT AND DEGREE OF THE INCAPACITY WHERE THE INCAPACITY IS TEMPORARY AS SUPPORTED BY A REPORT FROM A QUALIFIED MEDICAL PRACTITIONER: ______________________________________________________________________________________ ______________________________________________________________________________________ THE CAUSE OF THE TEMPORARY INCAPACITY: ______________________________________________________________________________________ ______________________________________________________________________________________ LIKELIHOOD OF RECURRENCE: ______________________________________________________________________________________ ______________________________________________________________________________________ PERIOD OF ABSENCE AND THE EFFECT ON THE EMPLOYER'S OPERATIONS: ______________________________________________________________________________________ ______________________________________________________________________________________ THE EFFECT OF THE EMPLOYEE'S DISABILITY ON THE OTHER EMPLOYEES: ______________________________________________________________________________________ ______________________________________________________________________________________ THE NATURE OF THE EMPLOYEES JOB:

______________________________________________________________________________________ ______________________________________________________________________________________ THE POSSIBILITY OF SECURING A TEMPORARY REPLACEMENT: ______________________________________________________________________________________ ______________________________________________________________________________________ IF THE INCAPACITY OF EMPLOYEE UNREASONABLY LONG, WHAT ALTERNATIVES ARE THERE? EMPLOYEE'S SUGGESTIONS: ______________________________________________________________________________________ ______________________________________________________________________________________ EMPLOYER'S SUGGESTIONS: ______________________________________________________________________________________ ______________________________________________________________________________________ AGREEMENT TO THE ABOVE: ______________________________________________________________________________________ ______________________________________________________________________________________ DATE FOR NEXT MEETING IF NECESSARY: ______________________________________________________________________________________ ____________________________________ SIGNATURE OF EMPLOYER ____________________________________ SIGNATURE OF EMPLOYEE ____________________________________ SIGNATURE OF REPRESENTATIVE ____________________________________ SIGNATURE OF INTERPRETER By appending our signatures hereto we acknowledge that the above is an accurate record. DATE : ________________________________________________ TIME COMMENCED : ____________________________________ TIME CONCLUDED : ____________________________________

RECORD OF COUNSELLING: EMPLOYER: ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ EMPLOYEE: ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ AGREEMENT REACHED: ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ____________________________________ SIGNATURE OF EMPLOYER ____________________________________ SIGNATURE OF EMPLOYEE ____________________________________ SIGNATURE OF REPRESENTATIVE ____________________________________ SIGNATURE OF INTERPRETER By appending our signatures hereto we acknowledge that the above is an accurate record.

PERMANENT INCAPACITY THE INCAPACITY IS OF A PERMANENT NATURE AS SUPPORTED BY THE FOLLOWING MEDICAL CERTIFICATE/S: ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ IS THE EMPLOYEE CAPABLE OF PERFORMING HIS DUTIES: ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ THE CAUSE OF THE INCAPACITY ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ THE EFFECT ON THE EMPLOYER'S OPERATIONS ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ THE EFFECT ON OTHER EMPLOYEES: ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ALTERNATIVE POSITIONS AVAILABLE: ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ INHERENT REQUIREMENTS OF THE EMPLOYEES JOB: ______________________________________________________________________________________

______________________________________________________________________________________ ______________________________________________________________________________________ THE EXTENT TO WHICH THE EMPLOYEE'S WORK CIRCUMSTANCES MIGHT BE ADAPTED OR HIS DUTIES ADAPTED: ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ AGREEMENT REACHED (IF ANY): ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ____________________________________ SIGNATURE OF EMPLOYER ____________________________________ SIGNATURE OF EMPLOYEE ____________________________________ SIGNATURE OF REPRESENTATIVE ____________________________________ SIGNATURE OF INTERPRETER By appending our signatures hereto we acknowledge that the above is an accurate record.

ANNEXURE J

NOTIFICATION TO ATTEND A HEARING (ILL HEALTH OR INJURY) NAME OF EMPLOYEE : ______________________________________ OCCUPATION : _____________________________________________ SECTION : _________________________________________________ You are required to attend a hearing in connection with your incapacity due to your poor health on the ____________________ of 20____ at _____________________(place), at ________ H __________ Please find under cover hereof copies of the record of the counselling sessions held in this regard in order to enable you to prepare your case for the presentation thereof to the presiding officer at the hearing as set out above. Kindly Note: 1) at the enquiry you will be allowed opportunity to state a case in response to the allegations. 2) that you shall be entitled to the assistance of a trade union representative or a fellow employee at the enquiry. Kindly note further that your are responsible for the following:

1) ensuring that your representative is available on the date of the enquiry,

2) that both your representative and yourself are in a position to proceed at the date and time scheduled for the enquiry,

3) that your witnesses are present,

4) that any evidence which you may wish to present is available.

5) ensure that the interpreter which you wish to use is available. ___________________________________ __________________________________ SIGNATURE OF SERVER DATE OF SERVICE ___________________________________ SIGNATURE OF EMPLOYEE ___________________________________ __________________________________ NAME OF WITNESS WHERE EMPLOYEE SIGNATURE OF REFUSES TO SIGN RECEIPT HEREOF WITNESS

ANNEXURE K

PROCEDURE FOR CONDUCTING A HEARING (INCAPACITY DUE TO POOR HEALTH OR INJURY)

1. The presiding officer opens the proceeding and welcomes the parties: 1.1. the complainant, 1.2. the company representative, 1.3. the interpreter, 1.4. the employee, 1.5. the employee representative.

2. The presiding officer explains the functions of each person:

2.1. the complainant: gives evidence against the employee, 2.2. the employee representative: assists the employee in the presentation of his case, 2.3. the interpreter: interprets for the employee, 2.4. the employee: presents his .case, 2.5. the employer representative: presents his case against the employee, 2.6. the presiding officer: who preferably should have no prior knowledge of the facts and who shall establish the facts

impartially and objectively ensures that an accurate record of the proceedings are kept, determines whether in the event of temporary incapacity whether due consideration has been given to the nature of the employee's job, his period of absence, seriousness of illness and the possibility of a temporary replacement Where the incapacity is of a permanent nature what alternatives to employment have been considered and the possibility of adapting the duties of the employee to accommodate his disability. The delivery to the parties of a finding and sanction.

3. The employer representative presents its case as follows:

3.1. Shows the notification form to attend the hearing to the employee, reads out the content thereof and hands the original form to the presiding officer (at which point the presiding officer asks the accused to plead "guilty" or "not Guilty" to the charges).

3.2. Calls the complainant and his witnesses one at a time, in order that they may give their evidence. Documentation is presented and is handed to the presiding officer,

3.3. The employee is entitled to cross-examine the complainant and witnesses, 3.4. The employee's representative is entitled to cross-examine the complainant and witnesses, 3.5. The presiding officer asks the complainant and witnesses questions to clear up any uncertainties, 3.6. The company representative closes his case.

4. The employee presents his case as follows:

4.1. The employee gives evidence assisted by his representative and hands in any relevant documentation. 4.2. The employer representative is entitled to cross-examine the employee, 4.3. The presiding officer may ask the employee questions in order to clear up any uncertainties, 4.4. The employee calls his witnesses one at a time in order that they may give their evidence and presents relevant

documentation, 4.5. The employer representative is entitled to cross-examine the employee's witnesses, 4.6. The presiding officer may ask the witnesses questions in order to clear up any uncertainties, 4.7. The employee closes his case.

5. The employer representative and the employee present their closing arguments.

6. The presiding officer adjourns the proceedings in order to consider the evidence.

7. The presiding officer reconvenes and delivers his findings. The presiding officer may refer the matter back to the person

who attended to the counselling and if necessary a new hearing may be held at a later time, or

8. The presiding officer may request the employer representative and the employee to address him on an appropriate penalty which address by the employee shall include evidence in mitigation of sentence and his personal circumstances.

9. The presiding officer adjourns the hearing in order to consider the appropriate penalty and writes out his reasons therefore.

10. The presiding officer reconvenes the hearing and delivers his findings.

11. The notification of penalty form in the event of a dismissal is handed to the employee and the relevant signatures

obtained.

12. The presiding officer advises the employee of his right to appeal and thereafter closes the hearing.

ANNEXURE L

NOTIFICATION OF THE OUTCOME OF THE HEARING (INCAPACITY: ILL HEALTH OR INJURY)

NAME OF EMPLOYEE : _________________________________________ OCCUPATION : ________________________________________________ SECTION : ____________________________________________________ You are hereby advised that due to your incapacity and after having various counselling sessions with you, the outcome of the hearing of the ___________ of __________________ 20____ is that dismissal is in the circumstances the only appropriate penalty for the reasons set out hereunder. REASONS: ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ You are further advised that you will be paid _______________________ notice pay, leave pay and any other monies which may be owing to you within 7 days of date hereof and in the usual manner. You are reminded of your rights to refer the matter to a council with jurisdiction or the CCMA. ______________________________________ SIGNATURE OF PRESIDING OFFICER ______________________________________ SIGNATURE OF EMPLOYEE ______________________________________ __________________________________ DATE TIME