Employee Handbook

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EMPLOYEE RECEIPT AND ACCEPTANCE
I hereby acknowledge receipt of the Cape Tisbe Ltd Employee Handbook. I
understand that it is my continuing responsibility to read and know its contents. I also
understand and agree that the Employee Handbook is not an employment contract
for any specific period of employment or for continuing or long‐term employment.
Therefore, I acknowledge and understand that unless I have a written employment
agreement with Cape Tisbe Ltd that provides otherwise, I have the right to resign
from my employment with Cape Tisbe Ltd at any time with or without notice and with
or without cause, and that Cape Tisbe Ltd has the right to terminate my employment
at any time with or without notice and with or without cause.
I have read, understand and agree to all of the above. I have also read and
understand the Cape Tisbe Ltd Employee Handbook. I agree to return the Employee
Handbook upon termination of my employment.
Signature _____________________________________________
Print Name ____________________________________________
Date ________________________
CONFIDENTIALITY POLICY AND PLEDGE
Any information that an employee learns about Cape Tisbe Ltd, or its members or
donors, as a result of working for Cape Tisbe Ltd that is not otherwise publicly
available constitutes confidential information. Employees may not disclose
confidential information to anyone who is not employed by Cape Tisbe Ltd or to other
persons employed by Cape Tisbe Ltd who do not need to know such information to
assist in rendering services.
The disclosure, distribution, electronic transmission or copying of Cape Tisbe Ltd’s
confidential information is prohibited. Any employee who discloses confidential
Cape Tisbe Ltd information will be subject to disciplinary action (including possible
separation), even if he or she does not actually benefit from the disclosure of such
information.
I understand the above policy and pledge not to disclose confidential information.
Signature:
Print Name:
Date:
Please sign and return to the Manager of Finance and Administration
EMPLOYEE HANDBOOK
TABLE OF CONTENTS
Approved by the Board 23 June 2014
Version 1.0
OVERVIEW:
The Cape Tisbe Ltd Employee Handbook (the “Handbook”) has been developed to provide
general guidelines about Cape Tisbe Ltd policies and procedures for employees. It is a guide
to assist you in becoming familiar with some of the privileges and obligations of your
employment. None of the policies or guidelines in the Handbook are intended to give rise to
contractual rights or obligations, or to be construed as a guarantee of employment for any
specific period of time, or any specific type of work.
The personnel policies of Cape Tisbe Ltd are established by the Board of Directors, which
has delegated authority and responsibility for their administration to the Executive Director.
The Executive Director may, in turn, delegate authority for administering specific policies.
Employees are encouraged to consult the Executive Director for additional information
regarding the policies, procedures and privileges described in this Handbook. Questions
about personnel matters also may be reviewed with the Executive Director.
Cape Tisbe Ltd will provide each individual a copy of this Handbook upon employment. All
employees are expected to abide by it. The highest standards of personal and professional
ethics and behaviour are expected of all Cape Tisbe Ltd employees. Further, Cape Tisbe Ltd
expects each employee to display good judgement, diplomacy and courtesy in their
professional relationships with members of Cape Tisbe Ltd’s Board of Directors, staff and
the general public.
The Handbook will be updated and revised from time to time. Cape Tisbe Ltd reserves the
right to change, at any time, the policies, procedures and details set out here. Employees will
be notified of changes. This handbook does not modify state or federal laws nor does it
serve as legal advice. Should any portion of this handbook be found unenforceable and
deemed invalid, such finding shall not invalidate the entire handbook but only the subject
position.
EMPLOYEE RELATIONS:
Our productivity, efficiency and competitiveness depend very much on the quality of the
relationship between the Company and its employees. It is vitally important that we all work
to a shared vision and to common standards. To this end, Cape Tisbe Ltd wants all
employees to be informed about new developments, to have the opportunity to participate in
decision making processes, and to provide comments, suggestions and opinions.
Cape Tisbe Ltd wants to further develop and maintain an atmosphere of mutual trust,
respect and co-operation in the workplace. We seek to consult with all employees, to enable
them to express their views, to contribute to problem solving and to influence planning and
decision making on matters that will affect their work.
CODE OF PRACTICE:
1. Cape Tisbe Ltd is committed to quality service and a focus on continuous improvement.
We value feedback from clients, including students, staff and employees for incorporation
into future programs. Cape Tisbe Ltd is committed to Total Quality through the
organisation.
2. Cape Tisbe Ltd will at all times act with integrity in dealings with all candidates,
colleagues, partners, suppliers and members of the community.
3. Cape Tisbe Ltd has personnel with appropriate qualifications and skills to deliver the
training and facilitate the assessment relevant to the training products offered. Adequate
facilities, equipment and materials will be utilised to ensure the learning environment is
conducive to the success of candidates.
4. Cape Tisbe Ltd expects its staff who manage employees:
 To adopt a display a positive and constructive management approach,
demonstrating commitment to Cape Tisbe Ltd, its people and its commercial
partners.
 To foster amongst all employees a high level of individual commitment and
motivation towards the organisation and one another.
 To use authority in a responsible and consistent manner.
 To assist in the transfer of underlying values between all employees.
 To understand and apply legal and company requirements, policies and
procedures which help ensure the consistent, safe and equitable treatment of
employees.
 To support and develop our culture of continuous improvement, supported by
open communication at all levels of the company.
 To enhance communication throughout the organisation.
 Protect the health and safety of its employees, customers and the public.
5. Cape Tisbe Ltd will meet all legislative and regulatory requirements of the State and
Federal Governments.
6. Customer service is the focus of all our activities. We aim to continuously improve
our products and processes to meet and exceed our customers needs and
expectations. We pride ourselves in our ability to respond to specific customer
requests in the shortest possible time frame, thereby building excellent customer
relations.
7. Cape Tisbe Ltd undertakes to ensure that all employees, agents and representatives
are familiar with and agree to comply with this code.
8. Cape Tisbe Ltd shall refrain from associating with any enterprise which could be
regarded as acting in breach of this code.
CONFLICT OF INTEREST:
Cape Tisbe Ltd expects you to avoid involvement in activities which might conflict, or appear
to conflict with your institutional responsibilities. These situations can create an appearance
of impropriety, or where government funds are involved, violate the law. No set of rules or
guidelines can cover all the varied circumstances that may arise. We depend on your good
judgment in handling these matters. If you think you might be in a situation that would
involve a conflict of interest, contact your supervisor or manager.
YOUR PRIVACY AND RIGHTS:
Cape Tisbe Ltd collects information from applicants for employment, which may include an
application letter, resume, completed application form, reference reports, qualifications or
registration proof and other additional personal information when applying for a position. This
information is collected for the purpose of assessing your application for a position and will
not be used for any other purpose. Paper based and electronic applications and
confidentiality stored for up to 6 months. If you are successful for the position you applied for,
your application information will be added to your personnel file and stored within a locked
cabinet.
State and Federal Laws require records to be kept and maintained in relation to:
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Terms and conditions of engagement.
Leave entitlements (sick, annual, long service).
Payroll and taxation.
Superannuation.
Worker’s compensation.
Occupational health and safety.
Training.
Cape Tisbe Ltd may disclose personal information about you to any persons to whom you to
any persons to whom you authorise it to disclose the information. It may also disclose
personal information to superannuation, taxation and insurance related organisations, as
required by government legislation and regulations, and to organisations that provide
services to you or to Cape Tisbe Ltd in relation to the employment of you. In the event of a
dispute that arises in relation to your employment, it may disclose the information to its
advocates or legal representatives.
PERSONNEL RECORDS:
Employees may request a review of personnel action or an unsatisfactory performance
review. Employees are expected first to discuss their concern with their immediate
supervisor. If further discussion is desired, the employee may then discuss the situation with
the Directors. The decision of the Directors is final.
PERSONNEL RECORDS:
Personnel records are the property of Cape Tisbe Ltd, and access to the information they
contain is restricted and confidential. A personnel file shall be kept for each employee and
should include the employee’s job application, copy of the letter of employment and position
description, performance reviews, disciplinary records, records of salary increases and any
other relevant personnel information. It is the responsibility of each employee to promptly
notify his or her supervisor in writing of any changes in personnel data, including personal
mailing addresses, telephone numbers, names of dependents, and individuals to be
contacted in the event of an emergency.
All employees must complete, within two days of the end of each pay period, their time and
attendance record for review and approval by the Executive Director. Accurately recording
time worked is the responsibility of every employee. Tampering, altering, or falsifying time
records or recording time on another employee’s time record may result in disciplinary action.
ACCESS TO PERSONNEL FILE:
Current or former employees or their representative, upon making an application to the
Company, may review certain specified personnel records at reasonable intervals. If you
want to inspect your personnel records, please make a written request to Administration to
schedule an appointment to review your records.
In certain circumstances Cape Tisbe Ltd may refuse you access to your personal information.
The circumstances in which we might do so include where:
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It would have an unreasonable impact on the privacy of others.
The information relates to legal proceedings.
Providing access to the information would prejudice certain investigations.
We are required by law not to disclose the information.
CHANGE OF PERSONAL INFORMATION:
It is the employee’s responsibility to notify the Directors of any change to the basic personal
information provided on the employee’s original employment application. In particular, Cape
Tisbe Ltd must always know the home address, phone number, next of kin and emergency
contact for all employees.
TRAINING AND DEVELOPMENT:
Cape Tisbe Ltd is committed to undertaking training and retraining of employees as required:
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To ensure a high standard of competence and effectiveness.
To help employees acquire a variety of skills, to provide greater job satisfaction and
challenge.
To provide the Company with greater flexibility in meeting industry and customer
requirements efficiently and effectively.
Cape Tisbe Ltd will undertake training of employees as required, whether formal, internal or
external, to assist employees to maintain and develop their level of skill and knowledge.
GRIEVANCES:
Grievance procedures aim to ensure consistency of treatment and prompt settling of any
grievance as closely in line with standard workplace practices as possible. Procedures deal
with possible formal action, but advice from Management may be sought at earlier informal
stages if needed, and in any event Management should be contacted before any formal
action is taken.
The existence of these formal grievance procedures should not deter staff from trying to
settle a dispute by informal means. Most grievances or problems are best resolved by
informal means.
Good practice involves dealing with complaints promptly, but not dismissing them out of
hand because they are too difficult or someone else’s business. Prompt action, even if
nothing more than listening is required, may help get to the bottom of a problem and find a
solution, so reducing the risk of ongoing discontent over minor problems.
A grievance is any complaint that an employee has in relation to any action or decision taken
(or not taken) within the Company that the employee considers:
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Is a breach of the relevant Act, regulation or order.
Infringes the principles of merit, equity or any Company policy.
Is otherwise unreasonable.
Discussion in the first instance should be with the person concerned, whether it is another
student or a member of staff. If this is not possible you should take the matter to your
director supervisor.
If, having tried direct discussion, you are still unsatisfied you can submit a formal written
statement of grievance to Management. In accordance with Cape Tisbe Ltd’s grievance
policy, Management is obliged to provide a written response.
At this point, the remainder of the grievance management process will be managed in
accordance with Cape Tisbe Ltd’s grievance management policy.
Confidentiality will be maintained throughout the process of making and resolving complaints.
This requirement seeks to protect the rights and privacy of all involved and to facilitate the
return to a comfortable and productive working environment. Should an individual’s
grievance become more widely known, there is a potential for undue embarrassment and
workplace tension.
Each party to the complaint is entitled to personal and professional advice and support. This
may involve approaching and confiding in a trusted friend, a professional association or
union. It is important to note that it is not the role of those people approached and confided
in to make judgements on the matter. Nor is it their role to adopt an advocacy role on behalf
of any party. It is expected that these people will remain strict confidentiality.
In instances where a complainant does not wish to proceed with a complaint or where
discriminating/harassing behaviour has been observed by a manager, he/she may need to
take action despite the request of the complainant or in the absence of a formal complaint. In
these circumstances an individual perpetrator does not need to be identified. A generally
hostile work/study environment may be sufficient to constitute unlawful discrimination or
harassment. Under these circumstances managers may take action of a general nature in
the organisational unit. Management action may include educative or preventative actions,
monitoring the workplace or seeking advice. Informal complaints are not normally reported.
If a manager believes that a staff member or student is displaying behaviour that could be
viewed as discrimination/harassment, or has received an informal complaint, he/she may
informally discuss the matter with the individual concerned.
At the very least, the outcome of a proven complaint should be that some understanding has
been reached between the parties as to what constitutes inappropriate behaviour and how
they will relate to each other in the future.
In all cases the aim is to resolve the issue as quickly as possible without victimisation of the
complainant.
CONDUCT:
The types of conduct which may lead to disciplinary action being taken are set out below.
While the list is intended to be indicative, it is not exhaustive and cannot cover every
eventuality.
The following are examples of types and conduct, which, if proven, may lead to disciplinary
action being taken which could culminate in summary dismissal or suspension:
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Failure to perform satisfactorily the duties of the post.
Wilful and persistent refusal to carry out the duties of the post.
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Breach of the contractual conditions of employment.
Unauthorised absence from the place of work.
Breach of confidentiality at work.
Breach of health, safety, fire radiation or other statutory regulations.
Breach of other company regulations or rules.
Theft or unauthorised possession of property, belonging to the Company, its
members or employees, or to any visitor to the Company.
Serious misuse to perform the duties of the post due to drunkenness or unauthorised
drug taking.
Wilful damage to Company property.
Falsification of Company records or other official documents.
Indecent behaviour or sexual misconduct.
Wilfully abetting, assisting or aiding another to commit any misconduct.
Making vexatious or frivolous complaints.
Threats of violence against any person lawfully present at the Company.
Physical violence against any member or employee of the Company or any other
person legitimately present within the Company precincts.
Criminal Offences
In cases of criminal offences committed by employees outside their employment, each case
shall be considered individually, with particular reference to the seriousness of the offence
and to the question of whether the offence makes the individual unsuitable for his or her type
or employment before any decision on disciplinary action is taken.
Certain disciplinary issues within the Company may also involve an employee in criminal
proceedings. In such cases, the Company reserves the right to suspend or dismiss the
employee, according to the circumstances of the case.
NON-DISCLOSURE OF CONFIDENTIAL INFORMATION:
Any information that an employee learns about Cape Tisbe Ltd, or its members or donors, as
a result of working for Cape Tisbe Ltd that is not otherwise publicly available constitutes
confidential information. Employees may not disclose confidential information to anyone who
is not employed by Cape Tisbe Ltd or to other persons employed by Cape Tisbe Ltd who do
not need to know such information to assist in rendering services.
The protection of privileged and confidential information, including trade secrets, is vital to
the interests and success of Cape Tisbe Ltd. The disclosure, distribution, electronic
transmission or copying of Cape Tisbe Ltd’s confidential information is prohibited. Such
information includes, but is not limited to the following examples:
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Compensation data.
Program and financial information, including information related to donors, and
pending projects and proposals.
Employees are required to sign a non-disclosure agreement as a condition of employment.
Any employee who discloses confidential Cape Tisbe Ltd information will be subject to
disciplinary action (including possible separation), even if he or she does not actually benefit
from the disclosure of such information.
Discussions involving sensitive information should always be held in confidential settings to
safeguard the confidentiality of the information. Conversations regarding confidential
information generally should not be conducted on cellular phones, or in elevators, restrooms,
restaurants, or other places where conversations might be overheard.
COMPUTER AND INFORMATION SECURITY:
The section sets forth some important rules relating to the use of Cape Tisbe Ltd’s computer
and communications systems. These include individual PCs provided to employees,
centralised computer equipment, all associated software and Cape Tisbe Ltd’s telephone,
voice mail and electronic mail systems.
Cape Tisbe Ltd has provided these systems to support organisational objectives. Although
limited personal use of Cape Tisbe Ltd’s systems is allowed, subject to the restrictions
outlined below, no use of these systems should ever conflict with the primary purpose for
which they have been provided, Cape Tisbe Ltd’s ethical responsibilities or with applicable
laws and regulations. Each user is personally responsible to ensure that these guidelines are
followed.
All date in Cape Tisbe Ltd’s computer and communication systems (including documents,
other electronic files, emails and recorded voice messages) are the property of Cape Tisbe
Ltd. Cape Tisbe Ltd may inspect and monitor such data at any time. No individual should
have any expectation of privacy for messages or other data recorded in Cape Tisbe Ltd’s
systems. This includes documents or messages marked “private” which may inaccessible to
most users but remain available for Cape Tisbe Ltd. Likewise, the deletion of a document or
message may not prevent access to the item or completely eliminate the item from the
system.
Cape Tisbe Ltd’s systems must not be used to create or transmit material that is derogatory,
defamatory, obscene or offensive, such as slurs, epithets or anything that might be
construed as harassment or disparagement based on race, colour, national origin, sex,
sexual orientation, age, physical or mental disability, medical conditions, marital status or
religious or political beliefs. Similarly, Cape Tisbe Ltd’s systems must not be used to solicit
others for commercial purposes, causes outside organisations, chain messages or other
non-related job purposes.
Security procedures in the form of unique user sign-on identification and passwords have
been provided to control access to Cape Tisbe Ltd’s host computer system, networks and
voice mail system. In addition, security features have been provided to restrict access to
certain documents and files for the purpose of safeguarding information. The following
activities, which present security risks, should be avoided:
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Attempts should not be made to bypass, or render ineffective, security facilities
provided by the company (including anti-virus, anti-malware and firewall software).
Passwords should not be shared between users. If written down, passwords should
be kept in locked drawers or other places not easily accessible.
The documents or other users should not be browsed unless there is a legitimate
business reason for doing so.
Individual users should never make changes or modifications to the hardware
configuration of computer equipment. Requests for such changes should be directed
to computer support or the Executive Director.
Additions or modifications to the standard software configuration provided on Cape
Tisbe Ltd’s personal computers should never be attempted by individual users (eg,
autoexec.bat and config.sys files). Requests for such changes should be directed to
computer support or to the Directors.
Individual users should never load software that they have purchased or developed
onto company personal computers. Requests for loading software that is not part of
the standard operating environment for Cape Tisbe Ltd should be directed to Utas IT
support or to the Directors.
Programs should never been downloaded from bulletin board systems, third party
software repositories or torrenting services without the approval of the Directors.
Downloading or copying such programs also risks the introduction of a computer
virus. If there is a need for such programs, a request for assistance be directed to
computer support or management. Downloading or copying documents from outside
the company may be performed not to present a security risk.
Cape Tisbe Ltd’s computer facilities should NEVER be used to attempt unauthorised
access to or use of computer systems and data belonging to other organisations.
Computer games should not be loaded on Cape Tisbe Ltd’s personal computers.
Unlicensed software should not be loaded or executed on Cape Tisbe Ltd’s personal
computers.
Company software (whether developed internally or licensed) should not be copied
onto USB drives, SD cards or other media other than for the purpose of backing up
your hard drive. Software documentation for programs developed and/or licensed by
the company should not be removed from the company’s offices.
Individual users should not change the location or installation of computer equipment
in offices and work areas. Request for such changes should be directed to computer
support or management.
There are a number of practices that individual users are not required to but should adopt
that will foster a higher level of security. Among them are the following:
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Logging out or locking or turning off your computer terminal when you are leaving
your work area or office for an extended period of time.
Exercising judgement in assignment an appropriate level of security to documents
stored on the company’s networks, based on a realistic appraisal of the needs of
confidentiality or privacy.
Remove previously written information from USB drives/SD cards/CDs/DVDs before
copying documents on such devices/mediums for delivery outside Cape Tisbe Ltd.
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Back up any information stored locally on your personal computer (other than
network based software and documents) on a frequent and regular basis.
Should you have any questions about any of the above policy guidelines, please contact the
Directors.
INTERNET AND ACCEPTABLE USE POLICY:
All employees of Cape Tisbe Ltd should have access to the Internet. No use of the Internet
should conflict with the primary purpose of Cape Tisbe Ltd, its ethical responsibilities or with
applicable laws and regulations. Each user is personally responsible to ensure that these
guidelines are followed. Serious repercussions, including termination, may result if the
guidelines are not followed.
Cape Tisbe Ltd may monitor usage of the Internet by employees, including reviewing a list of
sites accessed by an individual. In addition, Cape Tisbe Ltd may restrict access to certain
sites that it deems are not necessary for business purposes.
Cape Tisbe Ltd’s connection to the Internet may not be used:
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To access, create, transmit, print or download material that is derogatory, defamatory,
obscene or offensive, such as slurs, epithets, or anything that may be construed as
harassment or disparagement based on race, colour, national origin, sex, sexual
orientation, age, disability, medical condition, marital status or religious or political
beliefs.
To access, send, receive or solicit sexually-oriented messages or images.
To download or disseminate copyrighted material that is available on the Internet
where such downloading or dissemination would amount to an infringement of
copyright law. An exception to this policy operates where permission has been
obtained from the copyright holder of that material. For assistance with copyrighted
material, please refer to Cape Tisbe Ltd’s Intellectual Property policy or contact IT
support or the Directors.
To download software from the Internet without the approval of the Directors as the
download could introduce a computer virus onto Cape Tisbe Ltd’s computer
equipment.
To download personal email or Instant Messaging software to Cape Tisbe Ltd’s
computers.
To send or participate in chain letters, pyramid schemes or other illegal schemes.
To solicitor or proselytise others for commercial purposes, causes, outside
organisations, chain messages or other non-job related purposes.
To endorse political candidates on campaigns.
In addition, employees should, when using the Internet, take steps:
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To safeguard against using the Internet to transmit personal comments or statements
through email or to post information to news groups that may be mistaken as the
position of Cape Tisbe Ltd.
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To guard against the disclosure of confidential information through the use of email
or social media groups.
HEALTH AND SAFETY:
REST PERIODS:
Cape Tisbe Ltd recognises that employees work better and enjoy their work more when they
are rested and refreshed. During each four hours that you work, you should take a 15-minute
rest period whenever possible. During this period, we encourage you to leave your
workstation and relax.
OUTSIDE EMPLOYMENT:
Individuals employed by Cape Tisbe Ltd may hold outside jobs as long as they meet the
performance standards of their job with Cape Tisbe Ltd. Employees should consider the
impact that outside employment may have on their ability to perform their duties at Cape
Tisbe Ltd. All employees will be evaluated by the same performance standards and will be
subject to Cape Tisbe Ltd scheduling demands, regardless of any outside work requirements.
Outside employment that constitutes a conflict of interest is prohibited. Employees may not
receive any income or material gain from individuals or organisations for materials produced
or services rendered while performing jobs with Cape Tisbe Ltd.
EQUAL OPPORTUNITY POLICY:
Cape Tisbe Ltd shall follow the spirit and intent of all federal, state and local employment law
and is committed to equal employment opportunity. To that end, the Directors of Cape Tisbe
Ltd will not discriminate against any employee or applicant in a manner that violates the law.
Cape Tisbe Ltd is committed to providing equal opportunity for all employees and applicants
without regard to race, colour, religion, national origin, sex, age, marital status, sexual
orientation, disability, political affiliation, personal appearance, family responsibilities,
matriculation or any other characteristic that is explicitly referred to under State and Federal
anti discrimination law. Each person is evaluated on the basis of personal skill and merit.
Cape Tisbe Ltd’s policy regarding equal employment opportunities applies to all aspects of
employment, including recruiting, hiring, job assignments, promotions, working conditions,
scheduling, benefits, wage and salary administration, disciplinary action, termination, and
social, educational and recreational programs. The directors shall take responsibility for the
full implementation of the equal employment opportunity policy.
Cape Tisbe Ltd will not tolerate any form of unlawful discrimination. All employees are
expected to cooperate fully in implementing this policy. In particular, any employee who
believes that any other employee of Cape Tisbe Ltd may have violated the terms of this
policy should report the possible violation to the Director.
If Cape Tisbe Ltd determines that a violation of this policy has occurred, it will take
appropriate disciplinary action against the offending party, which can include counselling,
warnings, suspensions and termination. Employees who report in good faith violations of this
policy and employees who cooperate with investigations into alleged violations of this policy
will not be subject to retaliation. Upon completion of the investigation, Cape Tisbe Ltd will
inform the employee who made the complaint of the results of the investigation.
Cape Tisbe Ltd is also committed to complying fully with applicable disability discrimination
laws, and ensuring that equal opportunity in employment exists at Cape Tisbe Ltd for
qualified persons with disabilities. All employment practices and activities are conduct on a
non-discriminatory basis. Reasonable accommodations will be available to all qualified
disabled employees, upon request, so long as the potential accommodation does not create
an undue hardship on Cape Tisbe Ltd. Employees who believe that they may require an
accommodation should discuss these needs with the Executive Director.
In Tasmania, the relevant legislation on anti-discrimination is as follows. This legislation is
also supported by applicable Commonwealth legislation:
Age Discrimination Act 2004 (Cth).
Anti-Discrimination Act 1998 (Tas).
Australian Human rights Commission Act 1986 (Tas).
Disability Discrimination Act 1992 (Cth)
Racial Discrimination Act 1975 (Cth)
Sex Discrimination Act 1984 (Cth)
HARASSMENT:
Cape Tisbe Ltd is committed to providing a work environment for all employees that is free
from sexual harassment and other types of discriminatory harassment. Employees are
expected to conduct themselves in a professional manner and to show respect for their coworkers.
Cape Tisbe Ltd’s commitment begins with the recognition and acknowledgement that all
forms of discriminatory harassment are unlawful. To reinforce this commitment, Cape Tisbe
Ltd has developed a policy against harassment and a reporting procedure for all employees
who have been subjected to or witnessed harassment. This policy applies to all work related
settings and activities, whether inside or outside the workplace, and includes business trips
and business-related social events. Cape Tisbe Ltd’s property may not be used to engage in
conduct that violates this policy. Cape Tisbe Ltd’s policy against harassment covers
employees and other individuals who have a relationship with Cape Tisbe Ltd which enables
Cape Tisbe Ltd to exercise some control over the individual’s conduct in places and activities
that relate to Cape Tisbe Ltd’s work.
Prohibition of Sexual Harassment: Cape Tisbe Ltd’s policy against sexual harassment
prohibits sexual advances or requests for sexual favours or other physical verbal conduct of
a sexual nature when: (1) submission to such conduct is made an express or implicit
condition of employment; (2) submission to or rejection of such conduct is used as a basis
for employment decisions affecting the individual who submits to or rejects such conduct; or
(3) such conduct has the purpose of effect of unreasonably interfering with an employee’s
work performance or creating an intimidating, hostile, humiliating or offensive working
environment.
While it is not possible to list all the circumstances which would constitute sexual
harassment, the following are examples: (1) unwelcome sexual advances – whether they
involve physical touching or not; (20 requests for sexual favours in exchange for actual or
promised job benefits such as favourable reviews, salary increases, promotions, increased
benefits or continued employment; or (3) coerced sexual acts.
Depending on the circumstances, the following conduct may also constitute sexual
harassment: (1) use of sexual epithets, jokes, written or oral references to sexual conduct,
gossip regarding one’s sex life; (2) sexually oriented comment on an individual’s body,
comment about an individual’s sexual activity, deficiencies or prowess; (3) displaying
sexually suggestive objects, pictures and cartoons; (4) unwelcome leering, whistling,
deliberate brushing against the body in a suggestive manner; (5) sexual gestures or sexually
suggestive comments; (6) inquiries into one’s sexual experiences; or (7) discussion of one’s
sexual activities.
While such behaviour, depending on the circumstances, may not be severe or pervasive
enough to create a sexually hostile work environment, it can nonetheless make co-workers
uncomfortable. Accordingly, such behaviour is inappropriate and may result in disciplinary
action regardless of whether it is unlawful.
It is also unlawful and expressly against Cape Tisbe Ltd policy to retaliate against an
employee for filing a complaint of sexual harassment or for co-operating with an investigation
of a complaint of sexual harassment.
Prohibition of Other Types of Discriminatory Harassment: It is also against Cape Tisbe Ltd’s
policy to engage in verbal or physical conduct that denigrates or shows hostility or aversion
toward an individual because of his or her race, colour, gender, religion, sexual orientation,
age, national origin, or disability or other protected category (or that of the individual’s
relatives, friends and associates) that: (1) has the purpose or effect of creating an
intimidating, hostile, humiliating or offensive working environment; (2) has the purpose or
effect of unreasonably interfering with an individual’s work performance; or (3) otherwise
adversely affects an individual’s employment opportunities.
Depending on the circumstances, the following conduct may constitute discriminatory
harassment: (1) epithets, slurs, negative stereotyping, jokes or threatening, intimidating or
hostile acts that relate to race, colour, gender, religion, sexual orientation, age, national
individual or group because of race, colour, gender, religion, sexual orientation, age, national
origin or disability and that is circulated in the workplace, or placed anywhere in Cape Tisbe
Ltd’s premises such as on an employee’s desk or workplace or on Cape Tisbe Ltd’s
equipment or bulletin boards. Other conduct may also constitute discriminatory harassment if
it falls within the definition of discriminatory harassment set forth above.
It is also against Cape Tisbe Ltd’s policy to retaliate against an employee for filing a
complaint of discriminatory harassment or for cooperating in an investigation of a complaint
of discriminatory harassment.
Reporting of Harassment: If you believe that you have experienced or witnessed sexual
harassment or other discriminatory harassment by any employee of Cape Tisbe Ltd you
should report the incident immediately to your supervisor or to the Directors. Possible
harassment by others with whom Cape Tisbe Ltd has a business relationship, including
customers and vendors, should also be reported as soon as possible so that appropriate
action can be taken.
Cape Tisbe Ltd will promptly and thoroughly investigate all reports of harassment as
discreetly and confidentiality as practicable. The investigation would generally include a
private interview with the person making a report of harassment. It would also generally be
necessary to discuss allegations of harassment with the accused individual and others who
may have information relevant to the investigation. Cape Tisbe Ltd’s goal is to conduct a
thorough investigation, to determine whether harassment occurred, and to determine what
action to take if it is determined that improper behaviour occurred.
If Cape Tisbe Ltd determines that a violation of this policy has occurred, it will take
appropriate disciplinary action against the offending party, which can include counselling,
warnings, suspensions and termination. Employees who report violations of this policy and
employees who co-operate with investigations into alleged violations of this policy will not be
subject to retaliation. Upon completion of the investigation, Cape Tisbe Ltd will inform the
employee who made the complaint the results of the investigation.
Compliance with the policy is a condition of each employee’s employment. Employees are
encouraged to raise any questions or concerns about this policy or about possible
discriminatory harassment with the directors. In the case where the allegation of harassment
is against a Director, another Director must be notified or the incident, or failing that a staff
member appropriately equipped to deal with the conflict.
SOLICITATION:
Employees are prohibited from soliciting (personally or via email) for membership, pledges,
subscriptions, the collection of money or for any other unauthorised purpose anywhere on
Cape Tisbe Ltd property during work time, especially those of a partisan or political nature.
“Work time” includes time spent in actual performance of job duties but does not include
lunch periods or breaks. Non-working employees may not solicit or distribute to working
employees. Persons who are not employed by Cape Tisbe Ltd may not solicit or distribute
literature on Cape Tisbe Ltd’s premises at any time for any reason.
Employees are prohibited from distributing, circulating or posting (on bulletin boards,
refrigerators, walls, etc) literature, petitions or other materials at any time for any purpose
without the prior approval of the Directors.
DISCIPLINARY PROCEDURES:
It is recognised that the application of discipline is meant to be corrective and not punitive.
To this end, Management will provide guidance and constructive criticism whenever a
member of staff is failing to meet the requirements of his or her position.
Any action taken must be based on a full investigation of the particular incident(s) in question.
The facts should be established promptly by the supervisor, taking into account the
statements of any available witnesses.
The Directors should be informed of developments at an early stage and before any
decisions concerning possible disciplinary action are taken.
Counselling
The counselling of employees should be the first procedure to be followed in normal
circumstances where it is necessary for a supervisor to speak to an employee about any
failing or misbehaviour which is of a not too serious nature. The possible need for training
may be relevant at this stage.
Interviews/Written Warnings
If a formal warning is considered necessary, the employee shall be informed by
Management in writing of the improvement expected in work performance and/or general
conduct, and the procedure and consequences to which he or she will be liable in the
absence of the required improvement. All warnings shall be disregarded after a period of five
years. The employee shall be asked to acknowledge in writing the receipt of the warning
letter. In the event that the employee’s performance does not improve within the agreed
period, an interview will be held, where a second written warning will be issued.
Final Warning
In the event of the employee failing to respond to the formal written warnings, the employee
will be interviewed and informed that he or she may be accompanied by a colleague who is
an employee of the Company. If a final warning is necessary, he or she shall be informed in
writing and the same procedure set out in the preceding paragraph to be followed.
Dismissal
Failure by the employee to respond to a final written warning shall make him or liable for
disciplinary action which may include dismissal. Management will inform the employee in
writing of the disciplinary decision. The employee will be asked to acknowledge receipt of the
letter in writing.
Appeals
An employee who is dissatisfied with any disciplinary decision relating to him or her should
put the matter in writing to management.
SOME HELPFUL TIPS:
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Report to your assignment on time.
Introduce yourself to the colleagues and candidates with whom you are working.
Have a positive attitude.
Be courteous and cooperative.
Dress neatly.
Be sure instructions are clear.
Be accurate – always have another person proof your work.
Avoid making personal phone calls during time with candidates.
Respect the confidentiality of each job assignment.
Take every opportunity to learn a new skill.
Contact Management should any problems arise.
SUBSTANCE ABUSE:
Cape Tisbe Ltd recognises both alcohol and drug abuse as potential health, safety and
security problems. You are expected to cooperate in maintaining an environment free from
the effects of alcohol and other drugs. Cape Tisbe Ltd prohibits all employees from the
unlawful manufacture, possession, use, distribution, sale or purchase of alcohol and illicit
drugs on Company premises or as part of any Company activities, and from working under
the influence of alcohol or illicit drugs. The only exception applies to moderate consumption
of alcohol at approved Company functions for individuals of legal drinking age.
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