Employee Information
CONTRACT OF EMPLOYMENT
1.1 Title
1.1.1 This agreement shall be known as the 'The Relocation Company Pty Ltd Contract of Employment (COE)'.
1.2 Dates of operation
1.2.1 The nominal expiry date of this COE will be 3 years from the COE date. The COE date is the date on which it is signed. If the COE is signed by the employer and employee on different dates, then the later date is the COE date.
1.3 Parties
1.3.1 The Parties to this COE are:
a) The Relocation Company Pty Ltd. A.B.N – 35 107 967 706
of: 2 Second Avenue, Moorabbin Airport, Vic, 3194
b) You as an employee
1.4 Anti Discrimination Laws
1.4.1 The parties to this COE agree that:
(a) it is their intention to achieve the principle object in paragraph 3(j) of the Workplace Relations Act 1996, which is to respect and value the diversity of the work force by helping to prevent and eliminate discrimination at their enterprise on the basis of race, colour, sex, sexual preference, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin; and
(b) any dispute concerning these provisions and their operation will be progressed initially under the dispute resolution procedure in this COE; and
(c) nothing in these provisions allows any treatment that would otherwise be prohibited by anti-discrimination provisions in applicable Commonwealth, State or Territory legislation; and
(d) nothing in these provisions prohibits any discriminatory conduct (or conduct having a discriminatory effect) if;
(e) the employee is a member of staff of an institution that is conducted in accordance with the doctrines, tenets, beliefs or teachings of a particular religion or creed; and
(f) the conduct was in good faith to avoid injury to the religious susceptibilities of that religion or creed.
1.5 Dispute resolution
1.5.1 In relation to any matter that may be in dispute between the parties to this COE (‘the matter’), the parties:
(a) will attempt to resolve the matter at the workplace level, including, but not limited to:
(1) the employee and his or her supervisor meeting and conferring on the matter; and
(2) if the matter is not resolved at such a meeting, the parties arranging further discussions involving more senior levels of management (as appropriate); and
(b) acknowledge the right of either party to appoint, in writing, another person to act on
behalf of the party in relation to resolving the matter at the workplace level; and
(c) agree to allow either party to refer the matter to mediation if the matter cannot be resolved at the workplace level; and agree that if either party refers the matter to mediation, both parties will participate in the mediation process in good faith.
1.6 Intent
1.6.1 Except as provided by this COE, your conditions of employment shall be those contained in the AW779474 - Transport Workers Award 1998 as varied from time to time. Where there is inconsistency between this COE and the Transport Workers Award 1998, the COE shall prevail.
1.7 Continuity
1.7.1 The parties accept that the nature of the employee's role and levels of responsibility may be significantly varied throughout service. It is agreed that irrespective of any such variations, the terms and conditions set out in this agreement will continue to apply as contractual provisions unless otherwise amended in writing.
1.9 Disclosure
1.9.1 You declare that all information provided by you to us prior to appointment is accurate and complete. Failure to disclose any relevant information on engagement may result in the termination of this agreement and your employment summarily.
2 Remuneration
2.1.1 Trial Period
1) In order for an adequate assessment of the employee's capacity to be made, the employee may be employed for a trial period not exceeding 26 weeks, except where additional work adjustment time is necessary (not exceeding 13 weeks).
2) During the trial period, the assessment of capacity shall be undertaken and the proposed wage rate for a continuing employment relationship shall be determined.
3) The minimum rate payable to the employee during the trial period shall be not less than $50.00 per week.
4) Work trials should include induction or training as appropriate to the job being trialed.
5) Where the employer and employee wish to establish a continuing employment relationship following the completion of the trial period, a further contract of casual employment shall be entered into based on the outcome of assessment.
2.1.2 Workplace Adjustment
The employer shall take reasonable steps to make changes in the workplace to enhance the employee’s capacity to do the job. Changes may involve re-design of job duties, working time arrangements and work organisation in consultation with other employees in the area.
2.2 Wages
2.2.1 You are employed on a casual basis and will be paid according to the method set out in the definition of pay arrangements included below.
2.2.2 You will be paid in accordance with the classification described in the rate schedule detailed in the attached Appendix A. Note: All rates are above award classifications.
2.2.3 Your classification and rate of pay will be determined at the commencement of your employment and is dependent on the skills and qualifications obtained.
2.3 Pay Arrangements
2.3.1 Wages will be paid on a weekly basis by electronic funds transfer into the employee’s bank, or other recognised financial institution as agreed between the Employer and the Employee.
2.3.2 At commencement of employment, you will sign an authority allowing us to deduct any monies owing to us from your wages. The goods / services / debits owing are to be noted on the pay-slip and the amount deducted must be shown on the pay-slip.
2.3.3 It is your responsibility to ensure your hours worked each day, including starting and finish times and the times of each break taken, are recorded. You acknowledge your responsibility in accurately notifying the times worked. You must report to your supervisor and sign the work sheet at the end of each job.
2.3.4 We will provide you with a pay-slip on the day wages are paid. Such pay-slips will conform to the provisions of the Workplace Relations Act, 1996.
2.4 Superannuation
2.4.1 The Superannuation entitlement for casual employees will be calculated on the standard rate of 9.5% of pay for each hour worked.
2.4.2 Superannuation contributions will be paid as required under the Superannuation Guarantee (Administration) Act 1992 as varied from time to time to a complying Fund.
3 Working time
3.1 Casual Employment
3.1.1 The aim of this contract of employment is to provide maximum flexibility to both parties,
to provide greater access to regular employment and to earn more than would ordinarily
be the case in the transport industry.
The “ordinary hours” of work shall be an average of 38 per week.
3.1.2 A casual employee may be engaged for work on an hourly basis, at any time on any day of the week.
3.1.3 As a casual employee, your hourly rate of pay includes an allowance in lieu of all leave entitlements.
3.1.4 A casual employee may be terminated at any time.
3.1.5 The parties agree that the ‘ordinary hours’ of work are between the hours of
7:00 am and 7:00 pm Monday to Saturday. The parties also agree that these hours can be varied over a 7 day period. Any time worked after the standard “ordinary hours”, or on Sundays will be paid at the higher rate. Hours worked on Public Holidays will be paid at Double time and half of “ordinary hours” rate.
3.1.6 The parties agree that commencement and completion times for Grade 1, 2 and 3 General Hand will be at the nominated client’s place of work.
Drivers of company vehicles commencement and completion times will be at the Company’s depot where the vehicle is garaged.
4 Workplace Arrangements
4.1 Training
4.1.1 We may require you to undertake training we deem to be essential to the efficient and productive performance of your duties. Such training will be relevant to our industry, and the cost shall be borne by us. Such training may include extended full-time training off-site attending a suitable and accredited program. You recognise that the undertaking of training will not automatically result in an upgrading of your classification.
4.2 Health and safety
4.2.1 The parties agree that in the case of workplace injury or personal illness, you shall return to work as soon as practical to facilitate early recovery and/or complete rehabilitation. We shall, where practical, allocate tasks that will not aggravate the injury or illness. In the event of injury or illness, we shall make early contact with you on such arrangements, which will be made in consultation with you, your doctor and your team, and which will be the subject of regular review.
4.2.2 You shall not be under the influence of alcohol or prohibited substances during work hours. From time to time you may be required to undergo occasional testing for alcohol or prohibited substances.
4.2.3 You shall take all practicable steps to ensure your own safety while at work and that no action or inaction by you, while at work, causes harm to any other person. You will ensure safety procedures are followed at all times. You must ensure that you know our health and safety rules and procedures. If you do not comply with the rules and procedures, disciplinary action may be taken. You will report to management as soon as possible any accidents, incidents or hazards arising during the course of your employment. If you have any concerns in relation to your safety or the safety of others in the Company, you are to report to the safety officer of the Company who will take all practicable steps to provide and maintain a safe work environment.
4.2.4 Smoking on The Relocation Company and client premises as well as in The Relocation Company vehicles is prohibited at all times. You may only smoke in designated “smoking” areas.
4.2.5 Protective and safety clothing shall be issued on a needs basis and cared for by you whilst under your control. It is a condition of employment that you wear safety clothing and protective equipment provided to you whilst engaged on the site.
4.3 Termination
4.3.1 Unsatisfactory work performance
1) The provisions of the Workplace Relations Act relating to ending of employment apply.
2) If the employer is concerned about the work performance of an employee, the employer shall meet with the employee and tell the employee about their concerns. The employer will advise the employee of the standard of work or behaviour that is required and the employer will discuss ways and methods to improve the employee's work and conduct.
3) The employer may give to the employee some information about appropriate organisations that can offer assistance, training, and counselling or dispute resolution to help the employee improve their work performance.
4) The employer and employee will have a discussion after which a reasonable period will be set for the employee to reach an acceptable work performance or conduct. The employee should be warned that their employment would be ended if acceptable performance levels or appropriate behaviour were not reached.
5) The employer shall discuss with the employee during the set period whether there has been any improvement by the employee and, if necessary, to further warn the employee that their employment will end if that improvement is not reached.
6) The meetings and warnings given to the employee will be put in writing, dated, and signed by both the employer and the employee.
7) If the employee cannot achieve and acceptable performance or behaviour within the period set, the employee may be dismissed from employment with appropriate notice or payment instead of notice.
4.3.2 Ending employment with notice.
The employer may end the employment of an employee by giving them notice. The employee may resign from employment by giving notice to the employer. You are employed on a casual basis and as such one days notice will apply.
4.3.3 Ending employment without notice.
The employer may end the employment of an employee without notice if the employee's conduct is clearly wrong, dangerous or unsuitable for their employment. Similarly, the employee may end their employment without notice if the employer's conduct is clearly wrong, dangerous or unsuitable for their employment.
The type of conduct by an employee that may allow an employer to end their employment without notice, after a consideration of the circumstances, included but not limited to:
i) Being drunk or under the influence of illegal drugs.
ii) Stealing, fraud, assault or other criminal behaviour.
iii) Sexual harassment and other offensive or harassing behaviour.
iv) Not carrying out health and safety obligations.
v) Refusing to carry out a lawful and reasonable instruction.
vi) Not carrying out an employee's duty.
The type of conduct by an employer that may allow an employee to end their employment without notice, after consideration of the circumstances, includes:
i) Assault or other criminal behaviour.
ii) Sexual harassment and other offensive or harassing behaviour.
iii) Not carrying out health and safety obligations.
iv) Requiring the employee to carry out an unlawful and unreasonable instruction.
4.4 Other Workplace arrangements
4.4.1 If you have suitable qualifications and are required to drive a The Relocation Company company vehicle from time to time, you are responsible for:
a) keeping the log book up to date.
b) Notifying us of any servicing or maintenance of the vehicle.
c) Washing, cleaning and maintaining the vehicle.
d) Keeping vehicles locked when not in use or vacant.
e) Reporting any damage or traffic incident, no matter how minor and fill out an “Accident Report”. If it is proven the accident is your fault you will be responsible for the payment of any excess to repair the damage to the vehicle. Should you leave before the full amount has been deducted the balance will be deducted from your final pay.
f) Checking the oil, brake fluid, hydraulics, lights and load restraints daily on site, or when at service stations or when filling up the truck.
4.4.2 You must pay all traffic infringement fines, which you incur when in charge of our vehicles, including all parking and speeding infringements. You must report all infringement notices and fines to us when incurred, and provide proof of payment of all fines by the due date.
4.4.3 We may from time to time alter our Policies and Procedures to reflect changes in business practice and legislation. These policies and procedures will not reduce your substantive entitlements contained in this agreement, but provide guidelines for the fair and efficient administration of the employment relationship.
4.4.4 We agree to take all reasonable steps to provide a safe and secure workplace for you and any personal property you may bring to our premises.
4.4.5 We are an equal opportunity employer and it is our objective at all times to employ people with the highest possible level of competence, interpersonal skills, personal presentation and where applicable appropriate qualifications.
4.4.6 You are required to dress and maintain appearance and grooming to a standard appropriate to our business. We may issue from time to time our preferred dress appearance and grooming standards.
4.4.7 You agree to permit, upon request, us or our representative to inspect any bags, containers, vehicles or other personal property that you bring onto our premises.
4.4.8 You are expected to refrain from any behaviour, which may be construed as sexual harassment.
4.4.9 Your terms and conditions of employment shall include any terms and conditions as contained in our policies and procedures as amended from time to time. These policies and procedures will not reduce your substantive entitlements contained in this agreement but provide guidelines for the fair and efficient administration of the employment relationship.
EMPLOYEE INDUCTION SAFETY & WORKPLACE PROCEDURES
SAFETY INDUCTION PROCEDURES
RISKS
Awareness by paid/or unpaid employees, contractors, etc., of what the inherent risks and dangers are within their functions, and present in their workplace, will assist in eliminating accidents and injuries.
HAZARDS INCLUDE:
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Working in and around trucks and vans.
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Moving heavy objects.
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Use of manual handling equipment and hydraulic tailgate lifters, including hand tools.
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Falling objects, particularly prior to loads being secured or properly stacked.
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Walking on ramps.
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Stairs, water, and wet floors.
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Electricity and Gas.
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Working at height.
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Sharp objects protruding from plastic bags. i.e: cutlery. These bags should be placed into cartons.
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Overhead power lines.
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Traffic, particularly when loading/unloading on the roadside.
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Animals causing trips and falls.
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Children should be prevented from accessing the immediate workplace.
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Dangerous goods will not be carried. LPG cylinders must be emptied by the owner prior to transport. Ensure the cylinder is empty, as residual gas can remain if the valve has iced up upon decanting too quickly.
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Extreme care will be taken when hitching and unhitching trailers.
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Biological hazards including fleas, cockroach infestations and spiders.
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Equipment failure and breakages.
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Equipment use, e.g. small obstructions like sticks or toys under trolley wheels.
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Fibre ropes will be checked for excess wear and weaknesses.
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Gloves are supplied for carrying items with sharp or abrasive edges and surfaces.
PROTECTIVE CLOTHING
Protective clothing is available to protect individuals against injury. If you think safety shoes are required, a safety assessment should be made of the tasks performed. If it is decided that safety shoes are appropriate, then safety shoes must be worn.
YOU ARE NOT EXPECTED TO:
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Strip beds and fold bedding.
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Remove roof antenna.
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Clean and disinfect garbage bins.
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Remove and dismantle built in furnishings or appliances.
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Disconnect gas or electrical appliances other than three pin plugs.
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Service appliances requiring qualified tradesmen.
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Accept safe custody of valuables such as money, jewellery, deeds, bonds, share certificates, rare stamps or coin collections.
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Empty waterbeds.
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Unfasten floor coverings.
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Remove general household rubbish for disposal.
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Empty LPG bottles.
MANUAL HANDLING
Be careful, manual handling activities can cause sprains and strains.
MOBILE PHONES
Mobile phones are only to be used during break periods or prior to or at the end of a shift
LOITERING
In the interest of safety, individuals are not permitted to loiter or congregate in the workplace.
RESTRICTED AREAS
Always follow the instructions of your supervisor and take note of available signage and restricted areas when onsite. Never enter an unauthorised area without permission from your supervisor.
EXITS
Beware of your closest EXIT. Particularly when working in the office, warehouse and or storage areas. Remember, the closest exit could be behind you.
OVER-RIDE
Safe systems are installed for your safety. Never disregard any safety system, policy or procedure. Never attempt to over-ride any safety system or device.
BREAKDOWNS
Any malfunction or breakdown of equipment will be reported to the manger immediately.
MACHINERY OPERATION
Always operate machinery and equipment as instructed.
CAPACITY
Work at machine capacity. Never try to beat the machine work rates by overloading the capacity of the equipment. Do not attempt to override any safety mechanism or device.
HYGIENE
Basic hygiene must be observed by all individuals. Use hand washing facilities, especially prior to any break and after vising toilets.
RIGHT OF WAY
Any person carrying objects has right of way in the work area.
FIRST AID
Accidents and injuries should be reported to your manager as soon as reasonably practicable and entered on the injury register. If anyone is injured during their employment, The Relocation Company has a policy of rehabilitation to encourage a speedy return to work.
EVERY INDIVIDUAL MUST BE AWARE OF THE EMERGENCY PROCEDURES.
VEHICLE SAFETY
Drivers and Offsiders 5 Minute Checklist
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Entering and leaving the driving cabin: Always use the steps, footholds and grab handles provided. Avoid twisting your back unnecessarily. Climb down from the cab (or trailer deck) backwards. Never jump down. Minor knee or back injuries can occur.
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Jumping: Don’t jump down from the truck. Climb down carefully and use steps provided. This will avoid major stress to the joints.
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When your truck is parked on the road side: Always look in the mirror before opening the cab door. Beware of passing traffic. If you must check the off side of the truck, always face the oncoming traffic so you don’t get hit from behind. Be equally as careful when returning to the cab. Approach your cab door from the front of the truck to minimize exposure time and allow you to face the traffic. Look around the corner of the cab prior to stepping out on the road, because motorists will not see you coming.
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Lifting: Always practice safe lifting practices, being extra careful when you are tried. Avoid bending your back. Bend at your knees.
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Slippery Surfaces: Beware of slippery surfaces on the truck (load platforms, chassis frame, steps, etc.) and around the vehicle; watch out for wet or oily surfaces around the work area.
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Changing a wheel: If possible, move the truck well clear of the roadway, to avoid danger from passing traffic. Switch hazard warning lights on and set up warning triangles or lights. If a reflective safety vest is available wear it. Take extra care when working at the side of the vehicle.
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Working at heights: Working at heights is a common hazard within the transport industry. Take care to use the safety measures installed by The Relocation Company.
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Walking about: Remember that you are a pedestrian exposed to traffic. Many workers are injured when trucks or forklifts hit them. Ensure that you follow the safety rules installed by The Relocation Company. If available wear your reflective vest.
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Tripping over things: A common cause of injury is workers tripping over rubbish that is left around the depot such as broken pallets, strapping, shrink-wrap, cardboard, drums, etc.
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Remember: When reversing a vehicle, you must do the following:
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Before commencing the reversing procedure, stop the truck so the off-sider can alight and act as a “spotter”,
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Driver must turn off the radio, winddown driver’s side window and ensure he makes eye contact with his spotter in rear vison mirror,
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Spotter must first survey the area, taking notes of any overhead powerlines and possible obstructions,
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When spotter has accessed the vehicle can reverse safely, spotter must position himself approx. 2 meter from the rear corner of the driver’s side of the vehicle and make eye contact with the driver via the rear-view mirror always,
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Using hand signals, the spotter must guide the vehicle into position taking notes of possible obstruction,
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The spotter must indicate to the driver when the vehicle is in position,
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The driver can then safely turn the vehicle off
It’s very important that the driver and spotter maintain eye contact throughout the entire manoeuvre
PROCEDURES FOR LIFTING
Save your back and lift safely:
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For good balance, keep your legs shoulder width apart and one foot slightly in front of the other.
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Get close to the load and bend at your knees and hips, not at the waist. Keep the natural curves in your back when bending and lifting.
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To reduce the load on your back, tighten your stomach muscles and lift using your legs.
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Lift smoothly, don’t jerk as you lift and hold the load close to your body at waist level.
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To avoid twisting when lifting, turn your feet, not your back.
EXPECTED BEHAVIOUR
At all times, your personal conduct and professional behaviour should be guided by the following principals:
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Conduct yourself with honesty and integrity.
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Demonstrate a willingness to cooperate with any lawful instructions from your manager.
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Perform your work to the highest standard possible in an efficient, effective and timely manner.
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Adhere to all company policies and procedures, regardless of your personal views towards them.
CLIENT RELATIONSHIPS
Sound working relationships are imperative to the continued success of our company. You should be mindful of your behaviour and its impact on others or the account, when undertaking any business dealings.
You are expected to follow the guidelines outlined below;
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Be pleasant and personable.
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Be courteous.
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Conduct yourself and go about your business in a professional manner.
Avoid behaviour which could lead to the exploitation of another person and/or the business undertaken.
BASIC RULES AND REGULATIONS
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Every new employee and employees transferred to a different function will be given safety instructions and inducted in the procedure and process of the work to be performed. YOU MUST INFORM YOUR SUPERVISOR OR MANAGEMENT IF YOU ARE UNCERTAIN OF THESE PROCESSES OR ANY SAFETY MEASURES.
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It is every employee’s responsibility to work as safely as possible at all times and to abide by the safety rules of The Relocation Company. The Relocation Company does not allow employees to work if they do not wear the appropriate safety personal equipment or do not work in a safe manner as instructed.
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If you are sick or going to be absent you must contact your Manager as soon as possible. Your position will need to be covered by another Employee. Early advice will ensure any impact on the workplace is minimized.
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A medical certificate is required if time off for sickness is in excess of one day. You will not be entitled to sick pay if a certificate is not provided; if you do not have any sick leave accrued; or you are not entitled to paid sick leave, e.g. casual employees.
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You must advise your manager if you intend to leave the premises during a shift (i.e., outside designated break times).
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Under no circumstances can you invite or allow visitors to enter any offices, unauthorized areas, company vehicles, etc.
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Visitors must register their entry and exit at reception. A Visitors log will be kept which will reflect their name, time of arrival and departure, purpose of visit; and the employee responsible for them during the visit.
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Children are not permitted in any offices, unauthorized areas, company vans or trucks, etc.
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Family, relatives or friends cannot wait for you in any offices, unauthorized areas, etc.
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You must be constantly aware of safety in the workplace. If unsure on any issues, contact your manager.
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All employees must present themselves for each shift in enough time so that they can adequately prepare themselves for the day’s activities. Continual lateness is viewed as unsatisfactory performance and could lead to dismissal from The Relocation Company.
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Under no circumstances can any employee bring alcohol onto the premises or present themselves for work whilst intoxicated. The Relocation Company has strict policies in this area.
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Certain behaviour will lead to instant dismissal. Examples are, but not limited to: fighting, threatening or abusive language, theft or customers or company property, breach of confidentiality or breach of employment conditions.
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All employees must wear appropriate clothing and present themselves at work in a clean, neat and presentable manner. Where uniforms are supplied, they must be clean and pressed for the start of each shift. Any employee considered to be wearing unsafe clothing will be asked to return home and change.
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Falsification of time sheets is considered to be theft. Employees found to be knowingly recording incorrect hours of attendance will be dealt with under the Discipline guidelines.
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It is your responsibility to familiarize yourself with The Relocation Company policies and procedures which appear on the notice board.
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IF YOU ARE UNCERTAIN OF ANY POLICY OR PROCEDURE ASK YOUR SUPERVISOR OR MANAGER.
NB: Under no circumstances will any employee be permitted to indulge in pranks centred on initiation rituals. The Relocation Company consider this to be unsatisfactory behaviour and any involvement will lead to formal counselling and possible disciplinary action.
CODE OF CONDUCT
The Relocation Company operates in a very competitive industry. Your performance and contribution will ensure our progress and reputation continues.
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Our commitment is to SERVICE, QUALITY, CONSISTENCY and PRIDE in what we do.
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Communication between all employees, especially between employees and managers, must be open and honest if our workplace is to retain harmony.
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Every employee is an important part of our dedicated team. Our success relies on a relay of activities and resources. Every action you take will either add or detract from the commitment we make to our customers.
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In all our dealings with customers and each other, we strive to treat one another with the utmost respect and courtesy and professionalism.
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We promote safe and healthy conditions in the workplace, and one that is free from illegal harassment. You too have an obligation to act in a safe and healthy manner. You must notify management if you feel any aspect of your job or company activity is unsafe. Additionally, any incidents of harassment or exclusion must be immediately brought to management’s attention.