April 1997
POWERCALL TECHNOLOGIES LIMITED(PTL)
SALARIED EMPLOYMENT CONTRACT
NAME: Xxxx Xxxxx Xxxx
POSITION: Technology Manager
RESPONSIBLE TO: General Manager
LOCATED AT: Takapuna
E-661
POWERCALL TECHNOLOGIES LIMITED
SALARIED EMPLOYMENT CONTRACT
BETWEEN: POWERCALL TECHNOLOGIES LIMITED
AND Xxxx Xxxxx Xxxx
COMMENCEMENT
OF EMPLOYMENT: 1/4/97
The terms and conditions contained herein supersede and replace any terms and
conditions of employment that may have applied prior to the coming into force of
this contract.
This contract expires on the 31st March 2002.
1. DUTIES/RESPONSIBILITIES
A copy of your job description as attached outlines your duties and
responsibilities of your position. Because of the changing nature of the
business, other duties will be included as agreed between the parties from time
to time. It is expected that those duties will be performed in accordance with
the instructions of the Company and that you will devote all of your normal
working hours and best endeavour to performing these duties outlined in a manner
which will promote the interest of the company.
2. HOURS OF WORK
(a) Your hours of work are a minimum of 40 per week to be worked on 5 days of
the week Monday to Friday inclusive, between the hours of 8 am to 5.30 pm.
Your hours of work and any conditions relating to them may be varied by
mutual agreement.
(b) The Company may require you to work more than 40 hours per week to fulfil
the responsibilities of your position within reasonable limits. Payment for
such time worked in excess of the weekly hours have been included in your
salary package, however excessive overtime is to be credited as time in
lieu to be taken as mutually agreed.
You may be required to work on Saturday or Sunday as required from time to
time by the Company.
(c) Rest periods and meal breaks may be taken at your discretion, of up to 1
hour per day.
[INITIALED]
E-662
3. REMUNERATION
(a) Total package is $68,000 __________ per annum.
(i) Your base salary is $________ per annum.
Your base salary will be reviewed annually.
(b) Expenses - Expenses incurred by yourself while performing our business
shall be reimbursed according to the Company Expenses Policy.
(c) Medical Insurance - You are invited to take advantage of the Companies
Southern Cross Group Scheme.
4. PAYMENT OF REMUNERATION
(a) Your base salary shall be paid monthly on the 15th of each month or the
following Monday thereafter, such payment being made in advance up to and
inclusive of the end of the month. Such payment shall be made by direct
credit to the bank of your choice.
(b) No deduction shall be made from your salary without your consent, except
for time lost through sickness or default or accident to yourself, unless
required by law.
(c) The Company will provide you with a statement of your earnings and
deductions for a pay period at your request or where there is any change to
your salary payments.
5. STATUTORY HOLIDAYS
(a) Public holidays shall be granted and observed in accordance with the
provisions of the Holidays Act 1981.
(b) Any time worked on a statutory holiday that has been authorised by your
manager shall be taken in lieu on a day that is mutually agreed upon and
credited to your annual holiday accumulation.
[INITIALED]
E-663
6. ANNUAL HOLDAYS
(a) Annual holidays are provided in accordance with the provisions of the
Holidays Act 1981 and its amendments.
(b) You shall be entitled to an annual holiday of 4 weeks. Where your
employment is terminated (as specified in Clause 14) at the end of a period
of employment which is less than one year, the Company shall pay you an
amount equal to 6% of your gross taxable earnings, minus any holiday pay
you have already received. Requests for annual leave must be submitted for
approval at least 30 days in advance.
7. SICK LEAVE AND DOMESTIC LEAVE
(a) You shall be entitled to sick pay of 7 days for the following 12 month
period and for each subsequent year of service thereafter.
Sick pay shall be accumulative to up to 21 days.
(b) The company may, at its discretion, require you to provide a medical
certificate for any sick leave or domestic leave absence. You shall be
required to provide a medical certificate where you are absent for more
than 2 days for sick leave or domestic leave absence.
(c) You shall ensure notice is given to us that you are sick or taking domestic
leave, not later than one hour prior to your normal commencing time and you
shall notify us as soon as possible when a return to work is likely.
(d) The Company shall also have the right to require you to produce
additionally, a medical certificate at our expense, from a doctor nominated
by ourselves.
(e) Domestic Leave - Where you have any unused sick leave entitlement, leave of
up to 7 days per year shall be granted where you find it essential to stay
at home in an emergency in the event of illness of a dependant child or
spouse's illness or dependant parent or maternity confinement. Such leave
shall be treated as though it was due to your own sickness and this shall
be set off against your own sick leave entitlement.
(f) Sick leave and domestic leave will not be paid on a day on which a holiday
is being observed.
(g) Your manager may at their discretion grant additional sick leave or
domestic leave with/without pay where special circumstances exist.
[INITIALED]
E-664
8. BEREAVEMENT LEAVE
(a) In the event of the death of any of your immediate family, ie your spouse
or defacto partner, child, stepchild, parent, brother, sister,
mother-in-law, father-in-law, brother-in-law, sister-in-law, grandparent,
or grandchild, the Company shall allow paid leave up to a maximum period of
3 days on each occasion. The Company may, at our discretion, ask you for
confirmation of the bereavement.
(b) The company may at its discretion, grant additional leave without pay where
the Company consider special circumstances exist.
9. SPECIAL HOLIDAYS CLAUSE
Note that the entitlements in Clauses 7 and 8 are inclusive of and not in
addition to the entitlements for Special Leave provided in Section 30 (A) of the
Holidays Act 1981 and amendments.
10. UNPAID LEAVE
Where you need to be away from work for personal reasons the company may grant
limited time off work without pay. Such leave must be authorised by the company
in advance. Please make a request for such leave as far ahead of the intended
date as possible and talk to your manager regarding the circumstances for the
leave. Such approved leave must be recorded on an official leave application
form.
11. PARENTAL LEAVE
Parental Leave shall be granted in accordance with the provisions of the
Parental Leave and Employment Protection Act 1987 and its amendments.
12. JURY SERVICE
(a) Where you are obliged to undertake jury service, the difference between the
fees (excluding reimbursing payments) paid by the Court and your salary
shall be made up by ourselves provided:
(i) That you produce the Court expenses voucher to us.
(ii) That you return to work immediately on any day that you are not
actually serving on a jury.
(b) These payments shall be made for up to a maximum of 5 days in respect of
each separate period of jury service.
(c) You must advise us on the first normal work day after notification of jury
service is received.
[INITIALED]
E-665
13. TUITION LEAVE
(a) Where, with the Company's prior written approval, you attend any
job-related course during working hours, you shall be allowed paid time off
Where you pass all the necessary requirements and complete the course, the
company may reimburse you for half the cost of tuition and examination
fees.
(b) Where you initiate and take tuition leave at your own request and where you
terminate your own employment within 12 months of having the tuition fees
or examination fees paid on your behalf, you shall reimburse the Company
for fees outlaid on a pro rata basis.
14. TERMINATION OF EMPLOYMENT
(a) Notification - Employment may be terminated with 1 months notice by the
employee. If PTL terminates employment for any reason other than serious
misconduct or serious breach of contract or employment engagement by
another company within the Xxxxxxx Group, the salary obligations of PTL
shall continue for the full term of the contract.
(b) Deductions -
(i) Where company issued gear or property is lost, or in our opinion
wilfully damaged it will be treated as a default by yourself and the
Company shall have the right to recover from you the cost of repairing
or replacing any such items.
(ii) Where employment is terminated by either party and the effective last
day of duty is prior to the normal pay period end date, the Company
shall be entitled to deduct or recover such salary paid in advance.
[INITIALED]
E-666
15. RESTRAINT OF TRADE
(a) In order to protect the employer's proprietary interests, for twelve months
after the termination of this contract you shall not engage to work for or
on behalf of an organisation in direct competition with this Company, nor
establish your own business in competition with this Company. Nor shall you
solicit in competition with the Company the custom of any person who has at
any time during the period of your employment by the Company been a
customer of the Company or who will become a customer of the Company as a
result of any tender, negotiations, arrangements or proceedings made or
taking place at the date of such termination.
(b) Consideration for this restraint is included in the remuneration package
provided in clause 3 of this contract.
(c) It is acknowledged that in view of your position with the Company and your
direct association with the customers of the Company during your
employment, the restraint provided for in subclause (a) is fair and
reasonable and does not inhibit your ability to earn a reasonable living.
[INITIALED]
E-667
16. PERSONAL GRIEVANCE/DISPUTES
The Company consider it desirable that any dispute over the interpretation
application or operation of this contract or any grievance of any employee be
resolved as quickly as possible at the place of work between ourselves.
Personal grievances and disputes shall be as defined under the Employment
Contracts Act 1991. Personal Grievance procedures shall be in accordance with
the First Schedule of the Employment Contracts Act 1991. Disputes procedures
shall be in accordance with the Second Schedule of the Employment Contracts Act
1991.
17. VARIATIONS
Any of the terms and conditions contained in this contract may be varied by
mutual agreement.
18. OTHER PROVISIONS
(a) I agree to abide by all Company Policies as may from time to time be in
operation.
(b) I agree to work a reasonable number of hours in excess of my weekly hours
as may be required by the Company.
(c) I agree, in the event of termination of my employment to the deduction from
my final pay for any unreturned company property, or other debt owing to
the company, whatsoever it may be.
(d) I agree, during the period of my employment or at any time thereafter, not
to disclose to any unauthorised person or company, or otherwise make use
of, any confidential or secret information related to or obtained as a
result of my employment with the Company including, without limiting the
generality of processes, customer lists, formulae, designs, new products,
finances or relating to know-how, inventions, improvements or other matters
connected with the products or services manufactured, marketed, provided or
obtained by the Company.
[INITIALED]
E-668
19. DECLARATION
I (full name) Xxxx Xxxxx Xxxx declare that I have read and understand the
conditions of employment detailed above and accept them fully. I further declare
that I have read (or had explained to me to my satisfaction) the House Rules and
accept them.
Signed: /s/ Xxxx Xxxxx Xxxx Date: 1/4/97
---------------------
Signed: /s/ [ILLEGIBLE] Date: 1/4/97
---------------------
FOR AND ON BEHALF OF
POWERCALL TECHNOLOGIES LIMITED
Enclosed: Job Description
House Rules
E-669
POWERCALL TECHNOLOGIES LTD
HOUSE RULES
Serious Misconduct - It is important to each one of us that we read and
understand these Company House Rules because instant dismissal usually occurs
when an individual breaches one of the following fundamental and important
rules:
ITEMS THAT CAN CONSTITUTE SERIOUS MISCONDUCT FOR WHICH THE PENALTY IS INSTANT
DISMISSAL INCLUDE BUT ARE NOT LIMITED TO:
a) Unauthorised possession and/or movement of company, client or other
employees property. This includes the taking of any company equipment, data
or information off company property.
b) Fighting with another employee, customer, or client on company premises or
when attending company functions.
c) Falsification or being a party to falsification of any company or client
document or record. This includes time/wage/accident/expense/leave records
etc.
d) Failure to follow cash handling procedures, and/or negligence or
carelessness when handling cash/cheques etc.
e) Unauthorised use of company/client equipment or vehicles.
f) Refusal to attend doctor nominated by your employer.
g) Disclosure of confidential information; including making unauthorised
statements to the media, or at public meetings which effect or pertain to
the company, customer or client.
h) Failure to follow safety requirements.
i) Irresponsible use of fire protection or safety equipment.
j) Holding any interview, directly or indirectly, in a business outside of
Xxxxxxx'x that conflicts in any way with Xxxxxxx'x operations.
k) Wilful, deliberate or negligent acts which cause injury or damage, or
adversely effects quality or productivity.
l) Wilful damage to property/equipment/product.
m) Refusal to obey lawful and reasonable instruction
n) Proven sexual harassment or intimidation of another employee, customer or
client.
[INITIALED]
E-670
o) Consuming alcohol on company or client property, unless with management's
consent.
p) Bring drugs (except as prescribed by own doctor) or consuming drugs on
company or client property.
ITEMS THAT CAN CONSTITUTE LESS SERIOUS MISCONDUCT FOR WHICH THE PENALTY IS A
WARNING, INCLUDE BUT ARE NOT LIMITED TO:
a) Failure to perform work to required standard.
b) Failure to follow product handling procedure.
c) Unauthorised absence.
d) Xxxxxxxxxx, disruptive or irresponsible behaviour.
e) Reporting for work in such a condition that duties are unable to be
performed properly or safely.
f) Failure to report any accident or personal injury occurring at work, no
matter how minor the incident.
g) Poor time keeping, including arriving late for work, or from lunch and/or
tea breaks.
h) Careless or indifferent performance of duties.
i) Being discourteous to other employees, customers or clients.
j) Aggressive/argumentative behaviour.
k) Using abusive language which may cause offence to another person, while at
the company's place of work.
l) Leaving assigned place of work without permission.
m) Failing to be at assigned place of work during working hours without the
permission of management.
I, (full name) Xxxx Xxxxx Xxxx declare that I have read and understand the House
Rules detailed above, and accept them fully.
Signed: /s/ Xxxx Xxxxx Xxxx Date: 1/4/97
---------------------
[INITIALED]
E-671
