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: 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: 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: 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: 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: Failure to perform satisfactorily the duties of the post. Wilful and persistent refusal to carry out the duties of the post. 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: 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: 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: 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. 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: 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: 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. 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: 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.