Block W,Greenford Office Estate

Punters Way, Kenilworth,7708

P.O Box 36361

Glosderry,7702

Tel + 27 21 762 0061

Website: www.unitrans.co.za

CONFIDENTIAL

MEMORANDUM OF AGREEMENT

(EMPLOYMENT AGREEMENT)

entered into by and between

UNITRANS SUPPLY CHAIN SOLUTIONS (PTY) LTD

(‘’The Employer ‘’)

And

Employee name and surname: Oscar Tont Mthembu

IDENTITY NUMBER: 8702085491085

(‘’The Employee ‘’)

 Block W,Greenford Office Estate
Punters Way, Kenilworth,7708

P.O Box 36361

Glosderry,7702

Tel + 27 21 762 0061

Website: www.unitrans.co.za

DEFINITIONS

1. The following is the terms and definitions of the Agreement :

1.1 “The/this Agreement “ means this Agreement together with the respective Annexure
1.2 Any reference to a gender includes all genders.
1.3 Any reference to the singular includes the plural.
1.4 Any reference to natural persons includes legal persons
2. PREAMBLE
 Block W,Greenford Office Estate
Punters Way, Kenilworth,7708

P.O Box 36361

Glosderry,7702

Tel + 27 21 762 0061

Website: www.unitrans.co.za

2.1 Commencement and Termination

We have pleasure confirming your employment with the Employer with the terms set out
below .The additional terms and conditions of employment are set out in the respective
Annexure. This contract of employment will automatically expire on the learner ship
completion date as indicated in the respective Annexure.
3. JOB DESCRIPTION
3.1 You will be required to undertake diligently, all duties, functions and responsibilities normally
associated with this position and any such other instructions, duties, functions and
responsibities as may be allocated to you from time to time.
3.2 Given the nature of the Employer’s operation the Employee will be required to perform other
varied tasks in the interest of ensuring quality service to the Employer and all stakeholders. The
Employee shall obey the reasonable orders and directions of his/her manager and /or
supervisor and shall endeavour to protect and promote the business and the interests of the
Employer and to preserve its reputation and goodwill.
3.3 The Employee shall not, without the written consent of the Employer, engage in any activities
for remuneration outside of the scope of his/her employment with the Employer.
4. HOURS OF WORK
4.1 The Employer provides a 24 hour, 365 days a year service to its customers. The Employer’s
working hours will therefore vary depending on the operational requirements of the Employer.
4.2 The Employee might be required to work overtime, weekends and public holidays. The hours of
work and overtime will be governed by the Basic Conditions of Employment Act as amended or
the NBCRFLI Main Collective Agreement, if applicable.
4.3 The Employee undertakes to complete unfinished work before leaving at the end of the day.
4.4 It may be necessary for the Employer to implement short-time after proper consultation with
all concerned.
 Block W,Greenford Office Estate
Punters Way, Kenilworth,7708

P.O Box 36361

Glosderry,7702

Tel + 27 21 762 0061

Website: www.unitrans.co.za

5. REMUNERATION

5.1 The Employee shall be remunerated as set out in the respective Annexure.
5.2 All deductions such as income tax, whether SITE,PAYE, NBCRFLI levy , medical plans or
otherwise if applicable , will be made by the Employer according to the tables produced by the
Receiver of Revenue, Unemployment Insurance Fund, National Bargaining Council and/or
Workmen’s Compensation Commissioner . This will be reflected on the Employee’s pay slip.
5.3 It is the policy of the Employer to review the Employee’s salary annually at their absolute
discretion, taking into consideration wage negotiation with the relevant National Bargaining
Council, the Employee’s performance, the financial performance of the Employer and the
operational requirements of the Employer.
5.4 Travel and Reimburse Allowance ( Included in TCTC)
5.4.1 Certain roles within our business require an employee have a roadworthy motor vehicle
available for business purposes. Reimburse travel claims, duly authorised must be
submitted to the payroll and the rate to be used is reviewed every month and is
available on the internet.
5.5 Remuneration Review
5.5.1 It is the company’s practice to review your Remuneration package annually with effect
of 1 July. The revised cost to company package will be determined by the remuneration
committee and senior management of the company and/or its nominees in its sole and
absolute discretion, having regard to your performance during the 12 months preceding
such review, the actual and anticipated financial performance of the company during
the financial year and the operational needs and requirements of the company.
 Block W,Greenford Office Estate
Punters Way, Kenilworth,7708

P.O Box 36361

Glosderry,7702

Tel + 27 21 762 0061

Website: www.unitrans.co.za

6. MANNER/METHOD OF PAYMENT

Payment shall be made monthly by the Employer via an Electronic Bank Transfer into a banking
account, as selected by the Employee, on or before the last day of every month.

7. DEDUCTIONS
The Employee hereby authorises the Employer to deduct from his/her salary or require payment
from him/her for any of the following:
7.1 Any monies due by the Employee to the Employer , including the recovery of losses caused by
the Employee’s negligence :
7.2 Excess leave taken over entitlement at the time of termination :
7.3 Excess in respect of any other payment made to the Employee by the Employer :
7.4 Any money requested in writing to be deducted by the Employee :
7.5 Any overpayment of salary

8. LEAVE

8.1 Annual leave

8.1.1 The Employee shall be entitles to annual leave as set out in your respective Annexure
8.1.2 Requested to annual leave shall be submitted in writing at least 4(four) weeks in
advance.
8.1.3 Annual leave shall be taken at a time that is convenient to the Employer and with the
Employer’s consent.
8.1.4 Annual leave shall be taken within the 12(twelve) month period during which it accrues
in accordance with the Employer’s leave policy.
8.1.5 Annual leave not taken will not be paid out except upon termination of employment.
8.2 Sick leave and Family Responsibility Leave
 Block W,Greenford Office Estate
Punters Way, Kenilworth,7708

P.O Box 36361

Glosderry,7702

Tel + 27 21 762 0061

Website: www.unitrans.co.za

8.2.1 The Employee shall be entitled to sick leave and family responsibility leave as set out in
the Basic Conditions of Employment act as amended or the NBCRFLI Main collective
Agreement, if applicable.

9. RETIREMENT

The normal retirement age is 65 years. The discretion to extend the Employee’s employment
beyond this date exclusively vests in the management of the Employer.

10. TRAVEL,ATTENDANCE OF MEETING /CONFERENCES /IN-SERVICE TRAINING SESSIONS / COURSES

The Employee acknowledges that he/she may be required to travel within South Africa or abroad.
In addition, the Employer may expect the Employee to attend meeting /conference/in-service
training sessions/courses, internally or externally.

11. TRAINING

The Employee may be required to attend training course and development programmes in order to
improve their productivity, skills, knowledge and experience. Attendance of the programs shall be
at the discretion of the Employer.

12. CHANGE OF STATUS

The Employee shall advise the Employer of any change in his/her personal details and/or status,
including his/her address, telephone number, qualification or any important change, within a
reasonable time of such change.

13. TRAFFIC FINES

 Block W,Greenford Office Estate
Punters Way, Kenilworth,7708

P.O Box 36361

Glosderry,7702

Tel + 27 21 762 0061

Website: www.unitrans.co.za

13.1 Traffic offences committed whilst driving a company vehicle /rental vehicle constitute
misconduct and may result in disciplinary action. You agree that the company may deduct from
your salary, any traffic fines issued to you by the Road Traffic Inspectorate whilst driving a
company and/ or rental vehicle for business purposes.
13.2 In addition, it is your responsibity to ensure that you retain a valid driver’s license at all
times. You agree that, where a valid driver’s license is a requirement for the performance of
your job, any suspensions to your license through the AARTO legislation will result in
disciplinary action in terms of the company’s disciplinary code and could result in your
dismissal.

14. CONFIDENTIALITY/PROPRIETARY RIGHTS

14.1 The Employee shall not supply information to any unauthorised persons or institutions with
regard to any aspects of his / her work, including but not limited to the business , the business
processes and / or the financial information , personal information and / or client information
of the Employer, customers , fellow employees or any other data subjects to whose information
the Employee has access.
14.2 Such information includes but is not limited to the following personal information as
defined in the protection of personal information Act 2013, drawings , manuals , publications,
methods , marketing processes, computer software , documentation, lists of clients, employees
or suppliers , business connections , programs trade secrets, strategies ,technical information
or any other information which could be damaging to the Employer’s business or which could
benefit other parties to the detriment of the Employer . These restrictions shall apply during
and after the Employee’s period of service with the Employer.
14.3 The Employee shall at no time solicit or attempt to solicit any other member of staff of the
Employer to leave the employ of the Employer in order to join with him/her or with any other
party who/which carries on business in South Africa in a similar field, alternatively, who/which
 Block W,Greenford Office Estate
Punters Way, Kenilworth,7708

P.O Box 36361

Glosderry,7702

Tel + 27 21 762 0061

Website: www.unitrans.co.za

carries on any business similar to, in direct competition with, or in manner which has the effect
of the business of the Employer, alternatively to work independently in such field(s).
14.4 Copyrights , patient right and other similar rights in any works created by the Employee
during working hours , shall vest in and is hereby transferred to the Employer ,unless
specifically agreed otherwise in writing by the parties.
14.5 For this purpose all works created by the Employee in terms of paragraph 13.4 hereof shall
be deemed to have been created under the control and direction of the Employer.

15. PROTECTION OF PERSONAL INFORMATION ACT

15.1 The Employee hereby consents to the Employer processing or disclosing their personal
information in the following manner:
15.2 The Employer may collect , collate , process , store and / or disclose the Employee’s
personal information , as provided in the employee take on pack , and any information the
Employer may obtain for the following purposes :
15.2.1 The payment of salary ;
15.2.2 Processing an application for health care benefits ;
15.2.3 Processing an application for provident fund benefits;
15.2.4 Employer /KAP group reporting ;
15.2.5 The conducting of disciplinary hearings ;
15.2.6 Compliance with any current legislation , e.g. the income Tax , BCEA and Employment
Equity Act etc. ;
15.2.7 Collective bargaining (wages, medical aid , provident fund ,etc.);
15.2.8 Recruitment;
15.2.9 Certification for internal and external training ;
15.2.10 Investigations.

Refer to the Personnel Data Privacy Policy as published for further information
 Block W,Greenford Office Estate
Punters Way, Kenilworth,7708

P.O Box 36361

Glosderry,7702

Tel + 27 21 762 0061

Website: www.unitrans.co.za

15.3 You acknowledge that the provision of personal information is voluntary, however the
failure to supply same will render the Employer unable to , including but not limited to, pay
your salary and manage your employee benefits . You acknowledge that this is personal
information may be stored / processed outside South Africa, the Employer shall however take
all reasonable measures to protect the information. You are entitled to access this information,
rectify or amend same at any stage. If you are unhappy with this information being processed
you are also entitled to lodge a complaint with the information Regulator
(https://www.justice.gov.za/inforeg/)
15.4 The Employer shall take all reasonable measure to ensure the privacy and integrity of your
personal information. The Employer shall use its best endeavours to maintain, and will require ,
all third –party processors with which the Employer engages or may engage, as far as measures
to protect your personal information against accidental, unauthorised or unlawful
processing ,instruction, loss , alteration disclosure or access.
15.5 Should the Employer be required to share the Employee’s information for any other
purpose than listed in clause 4.2 above, it will do so only with the Employee’ permission.
When providing the Employer with personnel information about a dependant, the Employee
confirms that they shall have the appropriate permission to disclose this information to the
Employer. The Employer undertakes that the information collected will be directly relevant to
the Employee’s employment.

16. INTELLECTUAL PROPERTY

16.1 Any copyright or intellectual property rights of whatsoever nature arising out of the
performance by the Employee of his/her obligations in terms of this agreement are, to the
extent that they do not vest automatically in the Employer, hereby irrevocably ceded and assign
all such rights to any other person without limitation.
16.2 The Employer and/or such other person, as the case may be, shall be entitled to dispose of
any and all copyright intellectual property rights in their sole discretion, anywhere in the world,
without the payment of any additional consideration to the Employee.
 Block W,Greenford Office Estate
Punters Way, Kenilworth,7708

P.O Box 36361

Glosderry,7702

Tel + 27 21 762 0061

Website: www.unitrans.co.za

17. TERMINATION OF EMPLOYMENT

17.1 This contract may be terminated by either party in writing as follows :

17.1.1 On 1 weeks’ notice during the first 6 months’ of employment ;
17.1.2 On 2 weeks’ notice if employed for more than 6 months but less than 12 months;
17.1.3 On 1 months’ notice if employed for more than 12 months.
17.2 Nothing contained herein shall restrict the right of the Employer to terminate this contract
without notice for any cause recognised in law or laid down in any disciplinary code and
procedure currently in use , or as may be drafted in the future of the Employer.
17.3 Upon termination of Employment the Employee shall return all property and / or assets of
the Employer.

18. SECURITY

18.1 You are required to observe the company’s security regulations. Note that the unauthorised
possession of any item belonging to the company, customer or another employee is not
tolerated.
18.2 You give consent to a duly authorised representative of the company or a security company
engaged by the company from time to time, to search you or any article in your possession or
control, or any article worn by you or in your possession at the company’s premises for the
unauthorised presence of any prohibited substance, article or object.
18.3 Polygraph and Breathalyzer Testing
18.3.1 The company reserves the right to undertake polygraph and breathalyser testing at any
point in time. This examination has been deemed necessary under certain
circumstances. Should you, however, refuse to undergo these tests, this response could
lead to a breach of trust.
18.4 Criminal record check
 Block W,Greenford Office Estate
Punters Way, Kenilworth,7708

P.O Box 36361

Glosderry,7702

Tel + 27 21 762 0061

Website: www.unitrans.co.za

18.4.1 It is a condition of your employment that your criminal record is checked and that you
retain this clean criminal record during your employment period with the company. You
are required to supply the company with any information relating to criminal offences,
criminal investigation or any such related allegations ( including admission of guilt or
payment of fines) laid against you that may influence this clearance prior to and during
the course of your employment.
18.4.2 The company reserves the right to do periodic checks if deemed appropriate. It is
specifically recorded that should you fail to disclose any relevant information as
described above and stipulated in your security indemnity forms and induction, you may
be subjected to disciplinary action which could lead to dismissal.

19. OCCUPATIONAL HEALTH AND SAFETY

19.1 You agree to subscribe to the company’s safe working procedures relative to your place of
work. These procedure form part of the company’s drive to make your place of work safe. You
will be required to participate in programmes specifically designed by the company to improve
and/or manage employee’s health and safety in their specific jobs and the general safety for all
stakeholders involved.
19.2 The company has a zero-tolerance policy to alcohol/substance consumption and it is policy
that all employees and/or visitors may be subjected to breathalyser tests for alcohol levels. It is
strictly prohibited to be intoxicated or under the influence of any substance when reporting for
duty.
19.3 The health and safety of employees is a dual responsibility between the company and each
employee and will be required to take full responsibility of your own health, safety and that any
of your actions and/or omissions will not jeopardise the health or safety of any fellow employee
or the company each employee is responsible his/her own safety as well as any other
employee.
19.4 Medical Evaluations
 Block W,Greenford Office Estate
Punters Way, Kenilworth,7708

P.O Box 36361

Glosderry,7702

Tel + 27 21 762 0061

Website: www.unitrans.co.za

19.4.1 You give consent to such examinations in accordance with section 7 of the Employment
Equity Act. You hereby also agree to an exit medical examination before leaving the
employment of the company. The company will not be held liable for any claims as a
result of your failure to attend the medical evaluations as arranged.
19.5 Personal Protective Equipment (PPE)
19.5.1 Where required by operational requirements, you will be issued with PPE upon
employment, and replaced periodically thereafter, at no cost to you. You are required to
wear/utilize the correct PPE at all times whilst on duty. You are responsible for the
upkeep and safekeeping of any items issued to you and in the event that you lose or
damage any item issued to you, you may be held liable for the cost of replacing such
items.
19.6 Company Vehicles
19.6.1 Only employees who have been formally assessed and authorised by the company to do
so, are permitted to drive company/rental vehicle provided that such employee is in
possession of a valid driving licence for the applicable vehicle class at the time of driving
the vehicle. Employees who have been duly authorised to drive / operate a company
vehicle may not , under any circumstances, hand over the vehicle or vehicle keys to any
unauthorised person and /or pick up any unauthorised passenger/s.

20. DECLARATION OF INTERESTS

You hereby confirm that you have declared in writing any business interest whether in conflict with
Unitrans or not to the company, either relating to yourself or any immediate family members.

21. CONFIDENTIALITY

21.1 You agree not to disclose or divulge at any time, either during your employment or after the
termination of your employment with the company, any information obtained in the course of
 Block W,Greenford Office Estate
Punters Way, Kenilworth,7708

P.O Box 36361

Glosderry,7702

Tel + 27 21 762 0061

Website: www.unitrans.co.za

your employment regarding or related to the business dealings or affairs of the company , save
insofar as it is necessary for the ordinary conduct of the business of the company.
21.2 You agree not to canvass, solicit, interfere with or entice away any fellow employees ,
customer or client or any person who has regular dealings with the company, either during your
employment with the company or thereafter.
21.3 You agree to disclose or divulge at any time , either during or after your employment with
the company , any information in respect of any fellow employee, customer or client of the
company obtained during the course of your employment or otherwise, which information
includes, but is not limited to, any term and/or condition of employment of a fellow employee
such as remuneration , medical condition or disciplinary records.

22. COPYRIGHT , PATENTS AND TRADEMARKD

You hereby assign to the company all your rights in all copyrighted works, trademarks and patents
which you may undertake whilst being employed by the company, provided that such works are or
were undertaken by you in the course and scope of your employment with the company. No
consideration shall be payable to you in respect of the assignments.

23. WHOLE AGREEMENT AND NO AMENDMENTS

23.1 This Agreement constitutes the whole agreement between the parties to this Agreement.
The parties hereby confirm that this Agreement replaces any other agreement which exists or
may have existed between them in any form whatsoever with regard to the subject matter
dealt with herein.
23.2 This Agreement will be governed by and construed in accordance with the law of the
Republic of South Africa and the applicable South African court shall have jurisdiction in matters
relating thereto.
 Block W,Greenford Office Estate
Punters Way, Kenilworth,7708

P.O Box 36361

Glosderry,7702

Tel + 27 21 762 0061

Website: www.unitrans.co.za

23.3 No concession, allowance or postponement which the parties may grant each other with
regard to claims and/or disputes shall in any way restrict any one of the parties to exercise their
rights, or mean the cession or restriction of any of their respective rights.
23.4 Both parties acknowledge with the signing of this contract that a copy thereof has been
received and that the contents have been read and understood. Both parties undertake to bind
themselves to this contract and to adhere to the conditions therein.
23.5 The Employee agrees to abide by and comply with all Employer company policies as
amended from time to time.
23.6 An amendment or addition to this Agreement shall only be of force and effect if it is in
writing, signed by both parties and added to this Agreement as an Annexure.
23.7 The headings and numbering of the paragraph of these conditions are used for the purpose
of convenience only and shall not be taken into consideration in interpreting the meaning and
effect of any paragraph.

24. DOMICILIUM AND NOTICES

24.1 The parties choose as their respective domicilium citandi et executandi ( ‘Domicilium’) for all
purposes under this agreement, whether in respect of court process , notices or other
documents or communications of whatsoever nature, the addresses as listed on the cover page
of this Agreement.
24.2 Any party may, by written notice to the other party, change the physical address chosen as
its “domicillium” , to another address within the Republic of South Africa.
24.3 Any notice sent or any payment made by either party to the other party:
24.3.1 Delivered by email or by hand to a responsible person during ordinary business hours at
its domicilium citandi et executandi shall be deemed to have been received on the day
of delivery; or
 Block W,Greenford Office Estate
Punters Way, Kenilworth,7708

P.O Box 36361

Glosderry,7702

Tel + 27 21 762 0061

Website: www.unitrans.co.za

24.3.2 Sent by pre-paid registered post in a correctly addressed envelope to it at its

domicillium shall be deemed to have been received on the seventh business day after
the date of posting.

25. GAURANTEE BY THE EMPLOYEE

The Employee confirms that all documents, information and testimonials presented to the
Employer in support of his/her application for work are correct and agrees that the Employer shall
be entitled to perform any reference checks it deems necessary and, further , that if they should be
proved to be false , the Employer shall be entitled to terminate this Agreement immediately.

We are very much looking forward to mutually beneficial and fruitful journey alongside you, in a culture
where we strive to make each other feel seen, heard, appreciated and understood.

Welcome to the family!

 Block W,Greenford Office Estate
Punters Way, Kenilworth,7708

P.O Box 36361

Glosderry,7702

Tel + 27 21 762 0061

Website: www.unitrans.co.za

Employer Name : Nati Manyeke

EMPLOYEE