“Tet 011 4754044 + Fax 011 475 451 + Ema nfo@atbine.co.z + Docex: Docex5 Flori
Lodgment: 495 Johannesburg
Sibusiso Mlotywa
Identity Number : 960512 5718 087
DTB Attorneys Inc.
P.O, Box 1018
Fontainebleau
2032
Private and Confidential
By Hand
Dear Sibusiso
CONTRACT OF EMPLOYMENT
We have pleasure in confirming your appointment in the position of an administrative clerk
with effect from 1 April 2024. At this stage, you will report to Nelien du Toit and your
appointment will furthermore be regulated by the undermentioned terms and conditions of
employment.
Poe eke)
Cee ete thc teenie
co ee
coonPage2
4. PROBATION PERIOD
1.1. Your permanent appointment is dependent upon your successful completion of a
three month probation period. During this probation period, your suitability for
permanent employment will be evaluated and handled in terms of the relevant
labour legislation's provisions.
1.2 During your probation period, your performance will also be monitored and
evaluated,
1.3 The permanency of your employment will only be confirmed on your successful
completion of the aforesaid probation period.
2. REMUNERATION
2.1 You will receive a fixed NETT remuneration package of R 4 100.00 per month.
The salary package is cost-to-company, and excluded in the Nett amount are all
the employee and employer contributions to the customary and statutory
contributions, such as, UIF, taxes, levies and so forth.
2.2 Your salary will be paid monthly in arrears on or about the last business day of
the month.
23 Salaries are reviewed once per annum and, should an increase be decided upon
by senior management, such increase will normally be effective from March of
such a year.
: 2.4 By means of your signature to this agreement, the Firm is given authorisation to
deduct any monies which are deductible in terms of statute, as well as other
monies owed by the employee to the Firm, from your remuneration or monies
due to you,
2.5 The latter authorisation also includes any instalments of loan with the Firm. On
termination of this agreement, the outstanding balance of such loan is payable
immediately and the Firm is so authorised, by means of the employee's signature
to this document, to deduct such outstanding monies from the employee's
remuneration and/or other monies due to you,
eer
Sheeran een Net)
eon)3.
5.
Page3
BONUS
3.1 The payment of a discretionary bonus, up to a 13" cheque, as defined in
Paragraph 2.1, is considered annually by the Firm. Such bonus payment is not an
entitlement nor guaranteed and is furthermore conditional upon a Firm decision
which will be based on, amongst others, factors such as the Firm's profitability
and other financial and operational considerations and/or your individual
performance. Should such a bonus payment be decided upon by the Firm, such
payment will be made at a time deemed appropriate by the firm.
3.2 Any entitlement to a bonus, as explained in paragraph 3.1, will only be applicable
after 12 months service with the Firm.
WORKING HOURS
4.1 Your normal daily working hours from Monday to Friday are 08h00 to 16h30 with
a hour lunch time.
4.2 Inyour position it could be required of you to work longer hours as those detailed
in paragraph 4.1 and, by your signature to this document, you agree to work such
reasonable extra hours as and when required to.
43 Payment for overtime worked, if applicable, will be paid for in terms of the
relevant legislation's provisions.
DUTIES
5.1 Carry out all such reasonable or lawful functions and duties as are from time to
time assigned to you in a proper and diligent manner,
5.2 Obey and comply with all lawful and reasonable instructions given to you by your
superior,
5.3 Be loyal to the company and to promote the business and reputation of the
company.
5.4 Duties to be carried out include (but is not limited to):
Assisting the team with the following:
Opening of files;
Conducting deeds office searches;
Sending out first letters to Clients;
Doing follow ups;
wet
Sag eects eae cise)
Se ee ae eee ee tec eM one a
em
Coe Rested ee Sar)
Peer
a Reg. No: 2003/0301:Page 4
* Any administrative functions as the Senior Conveyancing Secretary to who you
have to report may require.
6. EXPENSES
‘Any intended purchases or expenses incurred for or on behalf of the Firm, for
example, customer entertainment, stationary, travel, accommodation, any other
expenses or disbursements for and/or on behalf of the Firm or its clients, and so on,
must be approved by management prior to incurring the cost.
7. NOTICE PERIOD
7.1 During the first three months of your employment period, the notice period will be
one week and such notice, given by either party, must be in writing.
7.2 After the first three months of your employment period, the notice period to be
given by either party, in writing, will be one month,
7.3. Nothing contained in this agreement prevents the Firm from terminating this
agreement without notice for any reason or cause recognised in law as being just
and sufficient grounds for such termination.
7.4 On termination of your employment, for whatever reason, you will immediately
retum or give to the Firm all documentation and other property of the Firm or its
clients which are in your possession or under your control including, but not
limited to, customer, supplier and client information, any other documentation
Pertaining to your duties, and so on, and you undertake not to retain or make
copies thereof for your own or any other purpose
8. ANNUAL LEAVE
8.1 You are entitled to 15 working days leave for each completed year of service with
the Firm, which accumulates on the basis of 1.25 working days per completed
month of service.
8.2 Leave shall be granted not later than six months after completion of each period
of 12 consecutive months of employment.
8.3 Leave shall not be granted to run concurrent with any period of sick leave granted
in terms of the Basic Conditions of Employment Act (‘the BCEA’), or with a notice
period of termination of a contract of service.
8.4 All requests for annual leave should be made in writing no less than 1 month prior
to the intended period of leave.
85 The granting of annual leave will be dependent upon the Firm's operational
requirements and will, furthermore and with specific reference to ‘peak season
leave" (Christmas and Easter holidays), be based on the principle of “one season
on and one season off”
%
“5M
end c eke)
Serta errs Se oo Lee ewe ert
PO Box 1018 + Fontainebleau + ea
Seed Ca ESS tees)Page 5
86 — Any outstanding leave as at the time of termination of your employment and
accumulated in terms of this agreement, will be paid out to you.
9 SICK LEAVE
9.1 You are entitled to a maximum of 30 working days paid sick leave per 36 months’
period of employment, which includes an entitlement to 5 working days sick leave
during the first six months of employment.
9.2 Should you be absent from work for more than two consecutive days, you must
provide the Firm with a medical certificate in compliance with section 23 of the
BCEA.
9.3 Should you be off sick on more than two occasions during an eight-week period,
you will be required to produce a medical certificate, as defined heretofore.
9.4 Where an employee has been booked off sick the employee must present a
medical certificate to the Firm or telefax same by no later than the 2" day of such
absence.
9.5 Furthermore, any employee that will not be reporting for duty due to illness, is to
notify his/her direct superior telephonically by 10h00 on the first day of absence,
or as soon as is reasonably possible.
9.6 — Where an employee is off sick on a Friday or Monday or on any day before or
after a public holiday, the Firm must also be provided with a medical/doctor's
certificate for such absence.
10. FAMILY RESPONSIBILITY LEAVE
3
ns of
10.1. After 4 months of continuous service with the Firm, you are entitled to a total
days paid leave per year, not per incident, in accordance with the Basic Con
Employment Act, for events listed therein.
10.2 Family responsibility leave will be granted on your submission of proof of the event
for which it is required.
14.0VERTIME WORK
11.1 The nature of the Firm’s business is such that overtime work is essential from
time to time. The employee therefore agrees and undertakes to work overtime as and
When required by the Firm, subject to the provisions of current legislation.
11.2 This requirement to work overtime could also include the occasional requirement to
work public holidays or weekends.
11.3. Ifapplicable, payment for overtime worked or time given off in lieu of overtime
worked will be as per the Basic Conditions of Employment Act's provisions. This
does not simply that the Firm agrees to pay or give time off in respect of overtime.
we
5M
See eee Ceo a)
Pear Ce ee ee ee oe en Net)
Co een see! In association with JP Steyn (Pretoria)
ee) Cae ]Pageé
worked for any employee earning in excess of the relevant earnings threshold as
defined in the BCEA.
12, OTHER EMPLOYMENT
12.1 _ Itis a condition of service that you may not be engaged in any business, trade or
undertaking, whether directly or indirectly, other than that of the Firm, unless prior
written authorisation is obtained from the Firm's senior management.
12.2 Work, other than Firm work, may only be undertaken by you outside of working hours
with prior written authorisation from the Firm's senior management.
12.3 _ In respect of the aforesaid, no Firm written authorisation will be made, unless an
employee has made a written request.
13, PUBLIC HOLIDAYS
The Firm adheres to public holidays as are gazetted annually.
14, MATERNITY LEAVE
Maternity leave for female employees will be granted for a maximum of 3 months. The
employee will not be paid during such time. Maternity leave for male employees will be
granted in terms of a written agreement approved by management and will comply with the
provisions of the Basic Conditions of Employment Act. The employee will not be paid during
such time.
15. SEARCHES
By your signature to this document, you agree to submit yourself to searches of your person
and possessions by a person designated by the Firm.
16. CONFIDENTIALITY
16.1 During the course of your employment, you will be exposed to or be privy to
information of a confidential, private, sensitive or personal nature (hereinafter
referred to collectively as information’).
16.2 All such information (including, inter alia, documents and files), which come in your
Possession or to your knowledge during your period of employment with this Firm, is
to be treated with strict confidentiality and shall remain the property of the Firm
16.3 You are expressly forbidden to disclose such information or to discuss it with any
unrelated third party within the Firm's business or outside, either during your
‘employment with the Firm or thereafter, other than with prior written permission from.
management.
16.4 The inappropriate disclosure of any information to members of staff, who would
normally not need such information in order to fulfil their employment tasks, is
forbidden. Such disclosure of unauthorised information is a grave offence and will
carry severe disciplinary action.
are Cae
venue & Rugby Street + Weltevreden Park + 1709 | Coentaad Barend du Toit (B.A. LLB) (
Tee See ae te
ee) Cee SECs]Page7
16.5 You are further prohibited from making use of the aforesaid information after your
contract with the Firm has terminated,
17. LOADING OF SOFTWARE, COMPUTER AND E-MAIL REGULATIONS
17.1 No software of any form will be loaded onto any of the Firm’s Personal
Computers, Servers or Laptops without the prior written approval of Senior
Management. This is to combat the introduction of computer viruses onto the
‘operating system. Loading software without approval is a serious disciplinary offence.
17.2 Kindly also note the rule as detailed in paragraph 22.2 of this agreement.
17.3. The loading of data backups and/or the forwarding of Firm e-mails to your personal
or any non-firm employee's computer or laptop is strictly forbidden,
17.4 You may not use the Firm's e-mail, internet or any other IT facility for your personal
interests, private affairs, personal work or personal communication,
17.5 As such, the Firm's computer/laptop allocated to you, is done on the basis that it is a
tool to enable you to perform your Firm duties/functions.
17.6 The computerilaptop allocated to you and all data on it is viewed to be a Firm asset
and/or Firm data. As such, the Firm retains the right to have full access, at any time,
to such equipment and data. You, furthermore, by means of your signature to this
document agree to the Firm having access to the said computer and data, including
data of a personal nature.
17.7 Any contravention of the rules under paragraph 18 will be viewed to be a very serious
offence.
18. OTHER FIRM RULES / DIRECTIVES / POLICIES
18.1 You agree and accept to abide by the Firm's policies, disciplinary procedure,
grievance procedure and all other procedures, a copy of which is available from
senior management during working hours, for your perusal. You further agree hereby
to familiarise yourself with the contents of these policies and procedures, and to
comply with same. You are herewith also notified that the Firm’s policies/rules, are,
in addition to those contained in this agreement, also contained in memos/letters.
18.2 With specific reference to the Firm's disciplinary policy/procedure/code, you, by
means of your signature to this document, confirm that you have read, understood
and accepted same.
19, LAWS APPLICABLE
19.1 This agreement and in particular those areas not dealt with in this agreement, will be
regulated by the relevant labour laws of South Africa,
19.2 In so far as your remuneration may be in excess of the earnings threshold as
determined in terms of section 6(3) of the Basic Conditions of Employment Act and
Sse neers eee ee Seat ry
cra 7Pages
as amended and published from time to time in the Government Gazette, your are to.
take note of the fact that you are excluded from certain provisions of the said Act, as
mentioned in the Act.
20. RELATIONS
‘Apart from generally acceptable and customary standards required to maintain sound
relations with suppliers, clients, colleagues and principles, it will be expected of you
to not damage such relations. In this regard, you will be required to not, through your
conduct or performance or any communication, be the cause of any damaged
relations.
21. INFORMATION DISCLOSURE
21.1 By your signature to this agreement, you agree that, in addition to any other legal
entitlement, the Firm will have access to any Firm equipment and/or data which could
include having access to your e-mail and/or your computer.
21.2 That, by your signature to this agreement, you acknowledge that you may not use the
Firm's e-mail or internet facilities for your personal interests or private affairs and that
a transgression in this regard will be viewed to be a very serious disciplinary offence.
21.3. That, by your signature to this agreement, you also agree that the Firm may read all
information on your computer for purposes of monitoring compliance with the Firm
policies
22. RESTRAINT OF TRADE
22.1 As an employee of the Firm, by reason of association and service, you will acquire
knowledge of the Firm’s trade secrets, sources of supply, patents of trade, business
methods, suppliers, production methods, costing, pricing and clientele. Such
knowledge could be advantageous to the competitors of the Firm. You therefore
undertake:
22.2 Not to, directly or indirectly, either as principal, agent, partner, representative,
shareholder, director or employee, be associated with, interested in, (which
expression also includes, inter alia, the loan or advancement of money to), interest
yourself in any firm, company, person, or for your own account or group carrying on
business in competition with that of the Firm and use any such knowledge or
information to compete unfairly and/or untawfully with the Firm
22.3 Not to solicit, in competition with the Firm, a customer or supplier who, as at the date
of termination of your employment, is or was a customer or supplier of the Firm; and
22.4 _Inessence, this restraint does not preclude the employee from working or doing the
same type of work, but the employee is merely restrained from, for example, using
the information as detailed in paragraph 23.1.1 above and/or to do work for Firm
clients and/or suppliers and/or to compete unlawfully and/or unfairly.
22.5 These restraints take immediate effect and shall endure for a period of 12 (twelve)
months from date of termination of your employment, whatever the reason for
Seat Coa
Soe tera teres te ee)
COCs Cees ene)
CeesPaged
termination. As regards the area, this restraint is limited to the Republic of South
Africa,
22.6 _ In agreeing to this contract of employment, you agree that the restraints set out, are
reasonable in all aspects.
22.7 You also agree that the restraint provisions are separable and divisible from each
other and they also survive termination of this agreement for whatever reason.
23. INVENTIONS
23.1 Any inventions and/or improvements and/or any work done by you while in the
‘employ of the Firm shall be the property of the Firm per se andior remain the
property of the Firm,
23.2 Any inventions and/or improvements and/or any work done by you while in the
employ of the Firm shall not only remain the property of the Firm, but will also be
categorised as falling under paragraph 17's "confidential" provisions and, if
applicable, paragraph 23's “restraint of trade" provisions.
24. SMOKING RULES
24.1 Smoking is not permitted in the Firm buildings/offices.
24.2 Employees may smoke during Tea and Lunch breaks or after hours and only in
allocated smoking areas and at no other time.
24.3 We wish to take this opportunity of welcoming you to your new position and trust that
our association will be a long and mutually beneficial one.
24.4 Should you find this agreement acceptable, kindly indicate your acceptance by
initialing each page and signing hereunder.
25. RETIREMENT AGE
The Firm’s normal retirement age is 60 years, however, same is further more
regulated by a separate policy which is available to you upon your request.
Yours sincerely
Ndufoit
Management
4 deste Mees hereby confirm that | fully understand the contents of this
agreement and that | accept and agree to the above terms and conditions of
employment.
Name:
Signature:
Seen a) Ree er:
SOUL ee eee ee ae eee ec ean
CoS ar Ce nse) eee rc)
ed Coe TLS