Tipplers South Stradbroke

Island
Employee Handbook
CONTENTS PAGE

1 Introduction ........................................................................................................................................ 1
2 Joining the organisation ..................................................................................................................... 2
3 Remuneration and hours.................................................................................................................... 4
4 Annual leave ...................................................................................................................................... 7
5 Personal leave ................................................................................................................................... 8
6 Other leave ...................................................................................................................................... 11
7 Safeguards....................................................................................................................................... 14
8 Standards......................................................................................................................................... 20
9 General terms .................................................................................................................................. 23
10 staff hut policy .................................................................................................................................. 25
11 staff meals (food and beverage) ...................................................................................................... 27
12 Whistleblower policy......................................................................................................................... 28
13 Capability ......................................................................................................................................... 32
14 Disciplinary....................................................................................................................................... 33
15 Bullying and harassment .................................................................................................................. 36
16 Sexual harassment .......................................................................................................................... 40
17 Grievance......................................................................................................................................... 43
18 Privacy ............................................................................................................................................. 44
19 Equal opportunities and anti-discrimination...................................................................................... 46
20 Motor vehicles .................................................................................................................................. 47
21 Termination of employment.............................................................................................................. 49
22 Employee handbook acknowledgement form .................................................................................. 50
1 INTRODUCTION

1.1 WELCOME

Tipplers South Stradbroke Island (the Employer) would like to wish you every success during your
employment, whether you recently joined or whether you are an existing employee. It is hoped that your
experience of working with us is positive and rewarding.

1.2 PURPOSE OF THE EMPLOYEE HANDBOOK

The Employee Handbook sets out the Employer’s rules and regulations, the policies and procedures relating
to your employment and also contains information on your benefits and protections. If you require any
clarification or additional information, please speak to your manager. All employees are required to comply
with the Employee Handbook. Therefore, we ask that you read the content carefully as you may be subject
to appropriate disciplinary action (up to and including termination) in the event that you breach the
Employee Handbook.

1.3 PRINCIPLE OF EQUALITY

The Employer is committed to providing equal opportunities and the principle of equality in accordance with
relevant legislative provisions. We are confident that you share our commitment in implementing these
policies.

We will not tolerate any unlawful discriminatory act or attitude in the course of your employment or in your
dealings with our clients, suppliers, contractors, members of the public or fellow colleagues. Acts of unlawful
discrimination, harassment or victimisation will result in disciplinary action.

1.4 GENERAL

Amendments to this Employee Handbook will be issued from time to time.

This Employee Handbook does not form part of your contract of employment, unless expressly stated
otherwise. However, in any event, the Employee Handbook may be considered when interpreting your rights
and obligations under your terms of employment.

1.5 ACCESS TO AWARD AND THE NATIONAL EMPLOYMENT STANDARDS

Where relevant, an electronic copy of the award and the National Employment Standards (NES) are
available on request.

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2 JOINING THE ORGANISATION

2.1 INDUCTION

At the start of your employment, you may be required to complete an induction programme, during which all
of our policies and procedures (including, where relevant, those relating to Health and Safety) will be
explained and/or provided to you, as necessary. Information relating to these will be given to you at the
induction.

2.2 PROBATIONARY PERIOD

The length of your probationary period is set out in your contract of employment. Casual employees are not
subject to a probationary period. During this period, your work performance and general suitability will be
assessed and, if it is satisfactory, your employment will continue. However, if your work performance is
assessed as generally unsuitable, the Employer may either take remedial action (which may include the
extension of your probationary period) or terminate your employment at any time prior to confirmation of
your employment.

We reserve the right not to apply full capability and disciplinary procedures during your probationary period.

2.3 EMPLOYEE TRAINING

At the commencement of your employment, you will receive any training necessary for your specific job. As
your employment progresses, your role may be extended to encompass new activities within the Employer’s
business. You are expected to participate in any training deemed necessary for you to perform your role at
the required standards.

2.4 TRAINING AGREEMENT

The Employer has a policy of encouraging its employees to undertake training in order to advance their
career to the benefit of both the Employer and the individual.

The Employer may agree to contribute to the cost of the training. In this event, you may be asked to enter
into a specific agreement for training (the Training Agreement). However, where the Employer has
contributed to your training and your employment is terminated, for whatever reason, the Employer will seek
reimbursement of the costs in line with the Training Agreement. Further details are available separately.

2.5 JOB DESCRIPTION

You may be provided with a job description to help illustrate your role. Amendments may be made to your
job description from time to time in relation to the Employer’s changing needs and your own ability.

2.6 PERFORMANCE AND REVIEW

The Employer’s policy is to monitor your work performance on a continual basis so that we can maximise
your strengths, and help you with any development areas.

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2.7 AVAILABILITY

Availabilities are to be provided to the Employer in writing. Any changes to your availabilities must be
provided to management in writing. Changes to casual staff availability may result in less hours being
offered and changes to permanent availability may only occur by agreement with the Employer.

2.8 JOB FLEXIBILITY

Whenever necessary, you will transfer to alternative duties within the Employer’s business. During holiday
periods, for example, it may be necessary for you to take over duties normally performed by colleagues.
This flexibility is essential for operational efficiency as the type and volume of work is always subject to
change.

2.9 MOBILITY

It is a condition of your employment that you are prepared, whenever applicable, to travel to any other of our
sites or client sites within a reasonable travelling distance. This mobility is essential to the smooth running of
the business.

2.10 CONVICTIONS AND OFFENCES

During your employment, you are required to immediately report to the Employer any convictions or
offences with which you may be potentially or have been charged.

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3 REMUNERATION AND HOURS

3.1 ADMINISTRATION

i) Payment

Wages are processed weekly on Wednesday and will normally arrive in your bank account by
Wednesday, depending on your bank. Wages will be paid in arrears.

You will receive a payslip showing how the total amount of your pay has been calculated. It will also
show the deductions that have been made and the reasons for them, for example, tax and agreed
deductions.

Any pay queries that you may have should be raised with management. Your pay is to be considered
confidential and should not be discussed with other employees.

ii) Overpayments

If you are overpaid for any reason, the total amount of the overpayment will normally be deducted
from your next payment. If this would cause hardship, arrangements may be made for the
overpayment to be recovered over a longer period.

iii) Overtime

Where you feel that additional hours are outside your normal duties, you must have these hours
approved, in writing, by management prior to working these hours. You will not be paid any overtime
unless this approval has been provided.

Additional hours worked to complete your ordinary duties, for example, staying back late to correct
your own erroneous work, will generally be considered reasonable additional hours and will not
ordinarily be paid as overtime.

3.2 SUPERANNUATION

Superannuation contributions will be made on your behalf in accordance with legislation.

3.3 TIME RECORDING

You are required to comply strictly with any time recording procedures relating to your work. Any failure to
complete time recordings in accordance with management instruction may result in the processing of your
pay being delayed until the following pay period.

Deceitful behaviour, including incorrectly completing time recordings, completing time recordings on behalf
of another employee, or allowing another employee to complete time recordings on your behalf is strictly
prohibited and may result in disciplinary action up to and including termination.

3.4 HOURS OF WORK

You may be rostered to work Monday to Sunday. Currently, the usual business hours are Café operating
hours: Monday to Thursday 8.30am - 6.00pm Friday 8.30am - 10.00pm, Saturday, 7.30am - 10.00pm
Sunday 7.30am - 6.00pm. These hours may vary seasonally. You may be required to work outside of these
hours based on the needs of the operation, but these hours may change from time to time. Due to the

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location of the workplace, the Employer will transfer all employees to and from the Island via boat without
charge. On occasion there may be a wait period for the boat to arrive and in this instance, additional
payments for wait times are not applicable.

3.5 LATENESS/ABSENTEEISM

In the event you are going to be late to work, or following an authorised break, you are required to notify
your manager as soon as possible and indicate when you expect to arrive.

If you are late to commence or return to work, the Employer will deduct an amount of pay equivalent to your
lateness. If you arrive for work more than one hour late without having previously notified the Employer,
other arrangements may have been made to cover your duties and you may be sent off the premises for the
remainder of the shift/day without pay.

If you are late to catch the staff transfers you will be required to find your own way to the island in
accordance with the staff boat transfers policy. If you are late to commence or return to work, the Employer
will deduct an amount of pay equivalent to your lateness.

If at any time during your working hours, you believe that you are unfit to continue working or need to leave
the workplace for any reason, you must approach your manager to discuss the reason for your departure
and obtain approval prior to leaving the workplace. Your manager will then advise you of whether any
evidence of the reasons for your absence, such as a medical certificate or statutory declaration, is required.

All absences due to illness must be notified in accordance with the sickness reporting procedures set out in
this Employee Handbook.

Lateness or unauthorised absence may result in disciplinary action and/or loss of pay.

3.6 BREAKS

Breaks are to be taken when arranged by the Employer. You are required to adhere to the break length as
directed by management and be ready to commence work at the end of the break. You are required to notify
management immediately if you are struggling to take the break, so that it can be rectified or varied.

3.7 SHORTAGE OF WORK

If there is a temporary shortage of work for any reason, we will try to maintain your continuity of
employment. With your agreement, we may place you on reduced hours, or alternatively, temporary leave. If
you agree to be placed on reduced hours, your pay will be reduced according to time actually worked. If you
are placed on leave, this will be processed as leave without pay unless you elect to utilise any accrued
leave entitlements.

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3.8 STAND DOWN

The Employer may send you home where there is no useful work for you to do, such as during:

• breakdown of equipment

• industrial action or

• a cause which the Employer cannot reasonably be held responsible, such as natural disaster.

This list is not exhaustive. Generally, you will not be paid for this time. However, by agreement you may be
able to access accrued leave.

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4 ANNUAL LEAVE

4.1 ANNUAL HOLIDAYS

You are entitled to accrue annual leave in accordance with the NES, unless otherwise stated in your
contract of employment. For the avoidance of doubt, casual employees are not entitled to annual leave.
Your annual leave pay will be at your normal basic pay unless shown otherwise in your contract of
employment.

It is the Employer’s policy to encourage you to take all of your holiday entitlement in the current year.

You must complete the Leave Request Form, and have it signed by management before you make any
firm holiday arrangements.

You must give at least four weeks’ notice of your intention to take annual leave of a week or more and one
week’s notice is required for odd single days.

Annual leave dates will normally be allocated on a "first come, first served" basis whilst ensuring that
operational efficiency and appropriate staffing levels are maintained throughout the year.

The Employer may experience busy periods during the year and therefore may not be able to accommodate
any requests for annual leave during these periods.

Due to the nature of the business, the Employer can only accommodate a limited number of employees
taking annual leave at the same time.

4.2 PUBLIC HOLIDAYS

Your entitlement to public holidays is in accordance with the NES, unless otherwise stated in your individual
contract of employment. However, due to the nature of the Employer’s work, you may be reasonably
required to work a public holiday. You will be given advance notice if work on a public holiday is required.

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5 PERSONAL LEAVE

5.1 ENTITLEMENTS

You are entitled to be paid for personal leave in accordance with the NES, unless otherwise stated in your
contract of employment. For the avoidance of doubt, casual employees are not entitled to paid personal
leave.

Paid personal leave accrues over the course of your employment.

Employees (other than casuals) will accrue up to ten days of paid personal/carer's leave for each year of
continuous service in accordance with the provisions of the Fair Work Act 2009.

Personal leave accrues, and will be credited to you, progressively throughout the year.

Unused leave will not be paid out on termination.

You are entitled to take personal leave:

• because you are not fit for work due to a personal illness or personal injury affecting you or

• to provide care or support to a member of your immediate family, or a member of your household
who requires your care and support because of:

o a personal illness or injury affecting the member or

o a sudden or unexpected emergency affecting the member.

If your entitlement to personal leave is exhausted, you may take two days’ unpaid carer’s leave for each
occasion when a member of your immediate family or a member of your household requires your care and
support because of:

• a personal illness or personal injury affecting the member or

• a sudden or unexpected emergency affecting the member.

An immediate family member is a:

• spouse

• de facto partner

• child

• parent

• grandparent

• grandchild

• sibling or

• child, parent, grandparent, grandchild or sibling of the employee's spouse or de facto partner.

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A household member is any person who lives with you.

5.2 NOTIFICATION OF PERSONAL LEAVE

You must notify the Employer by telephone on the first day of incapacity or at the earliest possible
opportunity and, in any case, by no later than two hours before your usual start time.

Text messages and e-mails are not an acceptable method of notification. Other than in exceptional
circumstances notification should be made personally to your manager.

You should try to give an indication of your expected return date and notify the Employer as soon as
possible if this date changes. The notification procedures should be followed on each day of absence,
unless you are covered by a doctor’s medical certificate.

If your incapacity extends to more than seven days you are required to notify us of your continued incapacity
once a week thereafter, unless otherwise agreed.

5.3 EVIDENCE

A medical certificate from a registered health practitioner or, if not reasonably practical, statutory declaration
is required from the employee setting out the reasons for the absence in circumstances where the leave is:

• on two or more consecutive days or

• on a single day prior to, or the day after a public holiday, weekend or non-working day.

The Employer retains the discretion to require a doctor’s certificate or statutory declaration for any leave
absence. The Employer will notify you of this requirement as appropriate.

The Employer retains the discretion to require evidence for carer's leave. The Employer will notify you of this
requirement as appropriate.

5.4 RETURN TO WORK

You should notify your manager as soon as you know on which day you will be returning to work, if this
differs from a date of return previously notified.

On return to work after any period of personal leave, you may be required to attend a return to work
interview to discuss the state of your health and fitness for work. Information arising from such an interview
will be treated with strictest confidence.

You may be required to provide a certificate from your own doctor stating that you are fit to return to your
duties. This will always be required where you have suffered a workplace injury/illness that required medical
treatment.

If you have been suffering from an infectious or contagious disease or illness such as rubella or hepatitis,
you must not report for work without clearance from your own doctor.

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5.5 GENERAL

Submission of a medical certificate may not always be regarded as sufficient justification for accepting your
absence. Sickness is just one of a number of reasons for absence and although it is understandable that if
you are sick you may need time off, continual or repeated absence through sickness may not be acceptable
to the Employer.

In deciding whether your absence is acceptable, the Employer will take into account the reasons for your
absences and extent of them, including any absence caused by sickness/injury. We cannot operate with an
excessive level of absence as all absence, for whatever reason, reduces the Employer’s ability to operate
successfully.

The Employer will not tolerate any non-genuine absences, and any such instances will result in disciplinary
action being taken.

If considered necessary, we reserve the right to ask your permission to contact your doctor and/or for you to
be independently medically examined.

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6 OTHER LEAVE

6.1 PARENTAL LEAVE

If you or your partner become pregnant or are notified of a match date for adoption purposes, you should
notify management at an early stage so that your entitlements and obligations can be explained to you.

Under the NES, employees who will have at least 12 months of continuous service as at the expected date
of birth of the child, are entitled to 52 weeks of unpaid parental leave. Casuals with regular on-going work
are also entitled to unpaid parental leave. You may request an additional 52 weeks of leave which will only
be refused by the Employer on reasonable business grounds.

You may take up to 30 days of your entitlement to parental leave as unpaid flexible parental leave. Flexible
parental leave can be taken in a single continuous period of one or more days or separate periods of one or
more days each. Flexible parental leave can be used in the 24-month period from the date of birth or
placement of the child, however cannot be taken before any other period of parental leave.

Other forms of leave, such as annual leave and long service leave, may be taken concurrently with parental
leave, but when combined with the unpaid parental leave must not exceed the 52 week period.

Leave is available only to the primary caregiver of the child, except at the birth of the child where the other
parent is entitled to eight weeks of concurrent unpaid leave. Any parental leave taken by the other parent
will be deducted from the total entitlement of 52 weeks unpaid leave.

You must give the Employer at least ten weeks prior notice of your intention to take unpaid parental leave.
This can be done in accordance with the Employer’s leave application procedures.

When advising of your intention to take unpaid parental leave you must provide the following:

• a medical certificate indicating the expected date of birth of the child, or, where the leave is adoption
related, the expected date of placement

• an expected return date and

• details of any parental leave your partner intends to take.

You may be entitled to government funded parental leave. The Paid Parental Leave scheme is fully funded
by the Australian Government. Employees who are expecting a child or adopting a child are eligible for up to
18 weeks of paid Parental Leave at the rate of the National Minimum Wage if they meet the Eligibility
criteria. For further details, eligibility criteria and to apply for this payment please refer to Service Australia.

You may be entitled to two weeks of Dad and Partner Pay by the Government at the national minimum
wage. To be entitled to Dad and Partner pay, you must:

• be the child's biological father, partner of the birth mother, an adoptive parent, partner of an adoptive
parent or the person caring for a child born of a surrogacy arrangement

• be on a period of unpaid leave during the requested period

• care for a newborn or newly adopted child during the requested period and

• satisfy the means test requirements.

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Requests are to be made via the Parental Leave Request Form, and the employee and the Employer will
need to reach an agreement as to your unpaid leave period. For further details and to apply for this payment
please refer to Service Australia

6.2 COMPASSIONATE LEAVE

Full time and part time employees are entitled to two days’ paid compassionate leave for each occasion
when:

• a member of the employee’s immediate family or a member of the employee’s household:

o contracts or develops a personal illness that poses a serious threat to his or her life

o sustains a personal injury that poses a serious threat to his or her life

o dies or

• a child is stillborn, where the child would have been a member of the employee’s immediate family,
or a member of the employee’s household, if the child had been born alive or

• the employee, or the employee's current spouse or de facto partner, has a miscarriage.

For casual employees, compassionate leave is unpaid.

6.3 LONG SERVICE LEAVE

You are entitled to long service leave in accordance with the relevant laws of the state in which you are
employed. Long service leave should be taken as soon as reasonably practicable after you become entitled
to it.

6.4 COMMUNITY SERVICE LEAVE

You are entitled to community service leave in certain circumstances. Community service leave is for
eligible community service activities such as SES and volunteer fire fighting. Community service is generally
unpaid.

Your entitlement for payment for Jury Duty will depend on the relevant state and federal legislation.

6.5 FAMILY AND DOMESTIC VIOLENCE LEAVE

You are entitled to five days of unpaid family and domestic violence leave per annum.

This leave is available to you if you are experiencing violent, threatening or other abusive behaviour by a
family member that seeks to coerce or control you and that causes you harm or fear. The leave can be
taken where you need to do something to deal with this impact of this, and it is impractical to do so outside
of your ordinary hours of work. For example, you may take this leave to:

• make arrangements for your safety, or the safety of a family member (including relocation)

• attend urgent court hearings or

• access police services.

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For the purposes of this leave entitlement, family member includes:

• your spouse, de facto partner (including a former spouse or de facto partner), child, parent,
grandparent, grandchild or sibling

• a child, parent, grandparent, grandchild or sibling of your spouse or de facto partner, or

• a person related to you according to Aboriginal or Torres Strait Islander kinship rules.

Your entitlement to family and domestic violence leave will reset to five days on the anniversary of your
commencement each year.

When you wish to take this leave, you are required to provide the Employer with notice as soon as
reasonably practicable and advise of the period (or expected period) of the leave.

The Employer may require you to provide evidence that the leave will be, or was, taken for the purposes as
outlined in this policy. Depending on the circumstances such evidence may include a document issued by
the police service, a court or a family violence support service, or a statutory declaration.

The Employer will ensure, as far as reasonably practicable, that steps are taken to safeguard any
information disclosed by yourself concerning family and domestic violence leave. This information will be
kept confidential to the extent permitted by law. This policy does not override any legal obligations to
disclose information.

6.6 TIME OFF

Circumstances may arise where you need time off for medical/dental appointments, or for other reasons.

Where possible, such appointments should be made outside normal working hours. If this is not possible,
time off required for these purposes may be granted at the discretion of management and will normally be
without pay.

6.7 TIME OFF FOR CASUALS

i) Planned time off

Should you know you may not be available for a certain date, please provide the Employer with notice at the
earliest possible opportunity with a minimum of 24 hours’ notice of your planned absence.

This minimum notice is required to ensure the operational efficiency of the business and to ensure that
alternative staffing arrangements can be organised.

Failure to attend work for a scheduled shift or attending late for a scheduled shift will result in disciplinary
action up to and including termination.

ii) Unplanned time off

Casual employees are not entitled to paid personal leave however are expected to comply with the
notification and evidence requirements as set out in the Personal Leave section of this Employee Handbook
to ensure that unplanned absences can be accounted for.

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7 SAFEGUARDS

7.1 RIGHTS OF SEARCH

We have the right to carry out searches of you and your property (including vehicles) whilst you, or your
property, are on our premises or during the performance of your duties.

Where practicable, searches will be carried out in the presence of a colleague of your choice who is
available on the premises at the time of the search.

You may be asked to remove the contents of your pockets, bags, vehicles, etc.

Whilst you have the right to refuse to be searched, such refusal will constitute failure to follow a reasonable
management instruction, which may result in disciplinary action being taken against you.

We reserve the right to call the police at any stage.

7.2 IT AND COMPUTER POLICY

i) Virus protection

In order to prevent the introduction of virus contamination into the software system, the following
rules must be observed:

• unauthorised software including public domain software, magazine cover disks/CDs,

applications, or internet downloads must not be used and

• all software must be virus checked using standard testing procedures before being used.

ii) Use of computer equipment

In order to control the use of the Employer’s computer equipment and reduce the risk of
contamination, the following rules will apply:

• the introduction of new software and applications must first of all be checked and authorised
by management before general use will be permitted

• only authorised employees are permitted access to the Employer’s computer equipment

• only software that is used for business applications may be used on the Employer’s computer
equipment

• no software may be brought onto or taken from the Employer’s premises without prior
authorisation and

• unauthorised copying and/or removal of computer equipment and/or software will result in
disciplinary action up to and including termination.

iii) Internet policy

The purpose of this policy is to provide a framework to ensure that the expectations and rules relating
to the use of the internet while performing duties for the Employer are clear.

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 Authorised employees are encouraged to make use of the internet as part of their professional
activities. This includes, but is not limited to, accessing the internet on Employer devices. Attention
must be paid to ensuring that published information has relevance to normal professional activities
before material is released in the Employer’s name. Where personal views are expressed, a
disclaimer stating that this is the case should be clearly added to all correspondence.

The availability and variety of information on the internet means that it can be used to obtain material
reasonably considered to be offensive. The use of the internet to access and/or distribute any kind of
offensive material, or material that is not work-related, leaves an individual liable to disciplinary action
up to and including termination.

The Employer will not tolerate the use of the internet at work for unofficial or inappropriate purposes,
including:

• accessing websites which put the Employer at risk of viruses, compromising copyright or
intellectual property rights

• using Employer devices to access the internet for inappropriate or illegal purposes

• using social media in breach of the Employer’s social media policy

• accessing the Employer’s internet on personal devices

• connecting, posting or downloading any information unrelated to their employment and, in

particular, pornographic or other offensive material and

• engaging in computer hacking and other related activities or attempting to disable or

compromise the security of information contained on the Employer’s computers.

You are reminded that these activities may constitute a criminal offence.

iv) Email

The use of the work email system (work email) is encouraged as its appropriate use facilitates
efficiency. Used correctly, it is a facility that is of assistance to the Employer. However, inappropriate
use causes a number of problems, including distractions, time wasting and legal claims. The policy
sets out the Employer’s position on the correct use of work email.

Unauthorised or inappropriate use of work email may result in disciplinary action up to and including
summary termination.

Work email is available for communication and matters directly concerned with the legitimate
business of the Employer. Employees using work email should:

• comply with Employer communication standards

• only send emails to those to whom they are relevant

• not use email as a substitute for face-to-face communication or telephone contact

• not send inflammatory emails (i.e. emails that are abusive or may be perceived as abusive)

• be aware that hasty messages sent without proper consideration can cause upset, concern or
misunderstanding

• if the email is confidential, ensure that the necessary steps are taken to protect confidentiality
and

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 • be aware that offers or contracts transmitted by email are as legally binding on the Employer
as those sent on paper.

The Employer will not tolerate the use of work email for unofficial or inappropriate purposes,
including:

• any messages that could constitute bullying, harassment (including sexual harassment) or
other detriment

• personal use (eg social invitations, personal messages, jokes, cartoons, chain letters or other
private matters)

• on-line gambling

• accessing or transmitting pornography

• social media

• transmitting copyright information and/or any software available to the user or

• posting confidential information about other employees, the Employer or its customers or
suppliers.

v) Monitoring

The Employer considers any and all data created, stored or transmitted upon the systems (the
Systems) as work product and as such, expressly reserves the right to monitor and review any data
upon the Systems, including your usage and history, on an intermittent basis without notice.

In addition to this, the Employer has the right to protect its business interests and confidentiality. This
includes the right to survey, audit and/or monitor the Systems, including but not limited to:

• monitoring sites users visit on the internet

• monitoring time spent on the internet

• reviewing material downloaded or uploaded and

• reviewing emails sent and received.

Information reports will be available to the Employer which can subsequently be used for matters
such as system performance and availability, capacity planning, cost re-distribution and the
identification of areas for personal development.

For the avoidance of doubt, the Employer reserve the right to monitor all internet and email activity by
you for the purposes of ensuring compliance with the Employer’s policies and procedures and for
ensuring compliance with the relevant regulatory requirements and you hereby consent to such
monitoring. Information acquired through such monitoring may be used as evidence in disciplinary
proceedings.

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7.3 SOCIAL MEDIA

Whilst social media can be used to strengthen the Employer’s brand and overall image of the business,
work related issues or materials being placed on social media can adversely affect the Employer, a
customer/client, colleague or others.

Social media is a mechanism for communication and sharing, rather than one specific program, activity or
object. It is often a website or other electronic application that enable users to create and share content or to
participate in social networking.

To protect the mutual interest of all involved, work related matters must not be placed on social media at
any time either during or outside of working hours and this includes access via any mobile computer
equipment, including mobile phone or other devices unless approved in advance. Work-related usually
means that the Employer, its clients, suppliers, employees, contractors or any other associated parties can
be identified and be in some way connected back to your relationship with the Employer.

Any access to the Employer’s social media must be approved, in writing, by management prior to any work
performed. Where you have been authorised in relation to work related matters, you must not bring the
Employer, its clients, suppliers, contractors or any other associated parties into disrepute through the
content of your usage. While representing the Employer on social media, it is expected that you will exhibit a
professional and courteous attitude with clients, your colleagues, suppliers and other members of the public
and ensure that you act in the Employer’s best interests at all times.

All employees are prohibited from using social media (whether on the Employer’s devices or their own
personal device) during work time for personal reasons.

Any breach of this policy will be considered serious and may result in disciplinary action.

7.4 PHONES AND OTHER DEVICES

The Employer’s phones, computers, laptops and other devices are to be used for business purposes only
and where approved, reasonable incidental personal use. Personal calls to international numbers or other
high cost numbers are not permitted.

Any unauthorised personal use may be repayable by you and may result in disciplinary action up to and
including termination. The Employer reserves the right to request to deduct the appropriate sums from your
salary in the event that repayments are not made.

Field Staff (Day use, Waste Run, camp grounds, boat transfers) can have their phones on them whilst
working in the field but not whilst working in the cafe or kiosk. In this case, limited and reasonable use of
personal mobile phones, mp3 players and other personal devices is permitted, provided such devices are
set to silent and the use does not impact on your output or quality of work. The Employer reserves the right
to ask you to switch off any device at any time.

There is no need to have your mobile phone on you while you are working in the café or kiosk. Personal
phones are NOT ALLOWED in any staff only areas at any time. This is considered a Golden Rule of the
Company and failure to adhere to this rule will result in disciplinary action up to and including termination.

Mobile phones can be used in public areas (non-staff only areas...such as the public cafe area) only during
break times. No phones are to be charged in any power points in or around Tipplers Cafe or kiosk. If your
phone is charged prior to coming to work and turned off whilst you are working, you will have plenty of
charge for the boat ride home.

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If you need to contact someone or someone needs to contact you then there are TWO landlines numbers
they can call.

• Café 07 5577 3025

• Kiosk and Emergency line – answered 24 hours a day - 07 5577 2849

Please ensure you give these phone numbers to your Spouse, children, parents or guardians and anyone
else who may need to contact you whilst you are at work.

Senior managers are required to have mobile phones on them at all times. You will be advised of this
requirement if it applies to you.

If you have any questions, please don't hesitate to contact management.

7.5 SURVEILLANCE

Surveillance may be conducted in the workplace. If you are a new employee the surveillance may already
be in place and could start immediately on commencement of work.

Surveillance may be conducted using:

• internet usage recording devices, such as data capture, web browsing and email history captured on
servers, and keystroke recognition

• any form of visual recording devices including all types of camera, such as CCTV cameras

• any form of audio recording devices and

• electronic recording devices in any part of the workplace.

The surveillance may be conducted at any time and any employee may be subject to surveillance. The
surveillance may be continuous or intermittent at the Employer’s discretion. The Employer may, at their
discretion, disclose the surveillance records for any reason that is not barred by privacy legislation.

You may consult with the Employer regarding any concerns about the surveillance. All cameras are visible
and recording devices (including cameras) will not be placed in bathrooms or change rooms.

The purpose of the surveillance is to ensure the safety and security of employees, visitors and property. The
Employer reserves the right to review and use the CCTV in disciplinary proceedings.

In most circumstances it is inappropriate to secretly record conversations in the workplace. If the Employer
becomes aware of any secret recordings, each case will be dealt with on its own merits and action may be
taken as appropriate. This may include disciplinary action up to and including termination.

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7.6 CASH HANDLING/TILL PROCEDURES

Any discrepancies with regard to cash handling must be reported immediately to management. All
discrepancies must be recorded and initialled.

Under no circumstances should any cash be removed from the till other than as change for purchases or to
transfer cash from the till as instructed by your manager.

It is strictly forbidden to amend the pricing of any items without permission from your manager.

All required paperwork and payments/money must be returned to the office at the end of each day or when
advised, and discussed with the manager. You are responsible for the security of all payments and money
until handed to management.

When submitting payments/money, you must adhere to all of the Employer’s invoicing and payment
procedures.

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8 STANDARDS

8.1 BEHAVIOUR AT WORK

You should behave with civility towards fellow colleagues, clients and members of the public, whilst at work.
Rudeness will not be permitted. Objectionable or insulting behaviour or bad language may result in
disciplinary action up to and including termination.

You should use your best endeavours to promote the interests of the Employer and shall, during normal
working hours, devote the whole of your time, attention and abilities to the Employer and its affairs.

Any involvement in activities which could be construed as being in competition with the Employer is not
allowed.

Additionally, when on breaks, coming to or going home from work you need to conduct yourself in a
professional manner. Please remember that at any time whilst you are in uniform, you are representing
Cocktails & Canapés (and Tipplers Licensed Café). NO FOOLING AROUND

You are permitted to sit in the cafe if your uniform is clean and tidy and you look presentable, if you are not
so presentable (for example if you have been working in the kitchen and your clothes are dirty) then please
either get changed or sit out at the back of the restaurant for your breaks. If you are unsure, please check
with your manager. Management reserve the right to ask you to sit out the back in the staff area.

8.2 CUSTOMER SERVICE EXPECTATIONS

You are required to adhere to essential standards of customer service. Specifically:

• attend to customers and your jobs promptly

• introduce yourself by name

• acknowledge customers by name when possible

• greet and thank customers courteously

• listen and respond in an attentive way to customer inquiries

• be polite, friendly and welcoming when communicating with customers, whether it be in person or by
any other means

• do not swear or speak crudely in front of customers

• respect and protect customer property and

• protect confidential information relating to customers.

This list is not exhaustive.

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8.3 FRIENDS AND FAMILY IN THE WORKPLACE

Friends and family must not be in the workplace, unless approved in advance by the Employer, due to an
emergency or for genuine business reasons. It is your responsibility to ensure that friends and family are not
in the workplace for longer than necessary.

8.4 CONFLICT OF INTEREST

You may not be involved, employed or engaged in any activity which may be or is likely to create a conflict
of interest. The Employer may take whatever action it determines appropriate to avoid the actual or potential
conflict of interest. Such action may include transfers, reassignments, changing shifts, or, where the
Employer deems such action appropriate, termination of employment.

8.5 WASTAGE

We maintain a policy of "minimum waste", which is essential to the cost-effective and efficient running of the
business.

You are able to promote this policy by taking extra care during your normal duties by avoiding unnecessary
or extravagant use of services, time, energy, etc. The following points are illustrations of this:

• handle machines, equipment and stock with care

• turn off any unnecessary lighting and heating

• keep doors closed whenever possible

• double side printing, including re-using scrap paper, where possible

• ask for other work if your job has come to a standstill and

• start with the minimum of delay after arriving for work and after breaks.

Further:

• any damage to vehicles, stock or property (including non-statutory safety equipment) that is the result
of your carelessness, negligence or deliberate vandalism will render you liable to pay the full or part
of the cost of repair or replacement

• any loss to the Employer that is the result of your failure to observe rules, procedures or instruction,
or is as a result of your negligent behaviour or your unsatisfactory standards of work, will render you
liable to reimburse to us the full or part of the cost of the loss and

• in the event of an at fault accident whilst driving one of the Employer’s vehicles you may be required
to pay the cost of the insurance excess.

In the event of failure to pay, the Employer reserves the right to request to deduct such costs from your pay.

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8.6 DRESS AND APPEARANCE

Consistent with the culture of the Employer, you will be expected to present a professional image with
regard to your appearance and standards of dress and maintain excellent standards of personal hygiene at
all times.

Where uniforms are provided, these must be worn at all times whilst at work and laundered on a regular
basis.

You must ensure that all tattoos are fully covered and are not visible during your hours of work.

Personal protective equipment (PPE) and clothing may be issued for your protection because of the nature
of your job and if issued must be worn and used at all appropriate times. Failure to do so could be a
contravention of your health and safety responsibilities. Once issued, this PPE is your responsibility.

At the cessation of your employment you must return any uniform and PPE issued to you. Failure to return
your uniform and PPE within seven days may result in the cost of the items being deducted from any
monies outstanding to you.

You must ensure that you comply with the following requirements:

• Facial piercings and ear gauges must be removed during work hours.

• Enclosed, non-slip shoes must be worn during work hours

• Sun smart hats and shirts must be worn whilst working outdoors

• Skirts must be no more than 4cm above the knee

• Pants or shorts must be worn with the uniform shirt provided

• Undergarments and torso must be covered at all times

If you arrive for work in a manner that does not comply with this policy, your manager will advise you that
you are not dressed or groomed appropriately to perform your duties. As a result, you may be sent home to
change with any resulting lost time being unpaid.

Any deliberate or persistent breaches of this policy may result in disciplinary action being taken against you.

If you are in any doubt whether any aspect of your appearance or attire is appropriate for your job role you
should contact management.

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9 GENERAL TERMS

9.1 CHANGES IN PERSONAL DETAILS

You must notify the Employer of any changes in your personal details including but not limited to your name,
address, telephone number, emergency contact so that we can maintain accurate records.

9.2 SECONDARY EMPLOYMENT

You are expected to devote the whole of your time and attention during working hours to our business. If
you propose taking up additional employment with an Employer or pursuing separate business interests or
any similar venture, you must discuss the proposal with your manager in order to establish the likely impact
of these activities on both yourself and the Employer. You will be asked to give full details of the proposal
and consideration will be given to:

• working hours

• competition, reputation and credibility

• conflict of interest and

• health, safety and welfare.

You will be notified in writing of the Employer’s decision. The Employer may refuse to consent to your
request. If you work without consent this could result in the termination of your employment.

If you already have any other employment or are considering any additional employment, you must notify
the Employer so that we can discuss any implications arising from such employment, i.e. working time,
health and safety issues or conflicts of interest.

You may not under any circumstances, whether directly or indirectly, undertake any other duties of whatever
kind during your hours of work with the Employer or whilst on Employer premises. Unless approved by the
Employer, you may not under any circumstances perform services similar to what are performed for the
Employer at your residence or at any other site in exchange for compensation.

9.3 BANKING AND EXPENSES

We will reimburse you for any reasonable expenses incurred where these are authorised by management.
You must provide receipts for any expenditure.

You are required to ensure that the use of any Employer card and/or bank accounts is limited to business
related expenses and is completed in a safe and secure manner.

9.4 EMPLOYEE’S PROPERTY AND LOST PROPERTY

We do not accept liability for any loss of, or damage to, property that you bring onto the premises. You are
requested not to bring personal items of value onto the premises and, in particular, not to leave any items
overnight.

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9.5 STAFF BOAT TRANSFERS

You will be provided with boat transfers to and from work free of charge in the Company’s commercial water
taxi. If this is not available to do so, the Employer will hire another water taxi to do the transfers.

You are required to meet the water taxi for your transfers at the time listed on the right hand side of the
roster under the column titled “BOAT”. The water taxi leaves from Jacobs Well Public Jetty. If you miss the
boat run provided, you will need to hire a different water taxi to get to work. The numbers for them are
CHRIS 0403 587804 and NEIL 0438 605528. Please ensure you call the Employer on the main landline
number to advise you will not be on the staff boat transfer.

Any organised changes in “BOAT” times will be communicated to you via text message whenever possible.
Whilst every effort is made to keep to the scheduled times, the water taxi may run late at times due to
unforeseen circumstances. Please contact the Employer at any time on the landline number provided to you
if you have any queries on boat times.

The employer reserves the right to vary or alter these arrangements at any time giving reasonable notice.

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10 STAFF HUT POLICY

10.1 PERMITTED USE

There may be times where you are rostered to work shifts that require you to remain overnight on the island
as a result of staff boat transfer availability. Such circumstances require your mutual consent. Hut
accommodation is only available for employees 18 years and over. Junior employees under 18 years of age
will not be rostered as such that requires overnight accommodation.

10.2 APPROPRIATE CONDUCT AND BEHAVIOUR

Unlawful, foolish or dangerous behaviour is completely unacceptable whilst in or around the staff huts.
Failure to display appropriate behaviour or follow any or all aspects of the staff hut policy may result in
disciplinary action up to and including termination. In serious cases, you may be directed to leave the island
immediately and will be responsible for the boat transfer costs incurred in doing so.

10.3 STAFF HUT RULES

The nominated hut monitor will be responsible to ensure their hut companions are adhering to the following
standards at all times. Any inappropriate behaviour, language or actions must be reported to a manager
immediately.

All huts will be allocated a hut monitor. The role of hut monitor has responsibility for the hut. Any action
contravening their reasonable requests or direction may be subject to disciplinary action up to and including
termination of your employment.

You are required to be in the huts by 10.00pm, unless service in café runs late, then as soon as work is
finished.

• Lock both doors when going to sleep at night.

• Absolutely no alcohol or drugs allowed in or around the staff huts

• No smoking in or around the staff huts.

• Only employees of the Company are allowed in or around the staff huts at any time.

• Staff meals will be provided in accordance with the staff meals policy.

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10.4 STAFF HUT CLEANING AND MAINTENANCE

Whilst you are staying in the staff huts on the Island, your agree to undertake the following cleaning and
maintenance;

• Bins emptied daily.

• Bathroom and room tidy at all times.

• Verandah and 3m radius around huts - clean at all times.

• Toilets cleaned (under seat as well) daily.

• Shower and sink area tidy and clean (hair removed from sink and shower) daily.

• Any fridge in hut must be cleaned and sanitized at all times.

• Floor swept daily.

• Floor mopped weekly or when required.

• Mirror cleaned daily.

• Beds must have clean linen supplied by yourself and beds made each day.

• Windows cleaned inside and out monthly.

• Other cleaning and maintenance as directed.

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11 STAFF MEALS (FOOD AND BEVERAGE)

You are not allowed to take any items (drinks or food) from any fridges or cool rooms in or around Tipplers
Hub for yourself or others without permission from a manager to do so. Those permitted to do so are those
preparing or selling that item to a customer (other than employees) or those asked to restock items.

ALL staff MUST have breaks after 5 hours of work, A free meal and a drink will be provided on this break
and depending on how busy/quiet the day, meals available to you will be determined and served by a
manager.

Please let a manager know of any special dietary requirements at beginning of each break before your meal
is prepared.

Staff who stay over in the staff huts will be provided with a free dinner and a drink in the evening as well as
a free breakfast and a drink in the morning.

If you would like to take advantage of the convenience of more food, drinks or snacks in addition to those
provided, purchases can be made from Tipplers Licensed cafe or the Kiosk at a discounted rate of 50% off
the RRP. These purchases must be made from a manager ONLY and from the customer side of the counter
only.

You are welcome to bring your own food and drinks, however please ensure you either pre freeze or use
cooling blocks in an esky if bringing your own packed food or drinks as there will be nowhere to put personal
items in any of the commercial fridges.

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12 WHISTLEBLOWER POLICY

12.1 INTRODUCTION

The Corporations Act 2001 (Cth) provides protections for certain types of persons that make a disclosure of
Reportable Conduct. This policy has been put in place to ensure employees and other Disclosers can raise
concerns regarding any misconduct or improper state of affairs or circumstances of the Employer (including
any related entities of the Employer) (the Employer) without being subject to victimisation, harassment or
discriminatory treatment.

12.2 WHO DOES THIS POLICY APPLY TO?

The protections in this policy apply to Disclosers, which means anyone who is, or has been, any of the
following with respect to the Employer:

• employee

• director

• officer

• contractor (including employees of a contractor)

• supplier (including employees of suppliers)

• associate

• consultant, or

• a relative, dependant, spouse, or dependant of a spouse of any of the above.

The protections in this policy will also apply to any person who has made a disclosure of information relating
to the Employer to a legal practitioner for the purpose of obtaining legal advice or legal representation in
relation to whistleblowing protection laws.

12.3 REPORTABLE CONDUCT

Reportable Conduct is conduct which involves:

• dishonest behaviour

• fraudulent activity

• unlawful, corrupt or unethical use of company funds or practices

• improper or misleading accounting or financial reporting practices

• behaviour that is oppressive, discriminatory or grossly negligent

• unsafe work practices

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• a serious risk to the health and safety of any person at the workplace

• a serious risk to public health, public safety or the environment, or

• behaviour which may cause financial loss to the Employer, damage its reputation or be otherwise
detrimental to the Employer’s interests.

Personal work-related grievances regarding matters such as an interpersonal conflict with the Discloser and
another employee or a business decision relating to an engagement, transfer, promotion, terms and
conditions, suspension or termination of the Discloser’s employment typically fall outside this policy and
should be raised in accordance with the relevant employee grievance policy that applies. An exception to
this is where a personal work-related grievance is related to detrimental treatment taken against the
Discloser because the Discloser has made (or is suspected of making) a disclosure under this policy, or
because the Discloser proposes to (or could) make a disclosure under this policy.

12.4 RESPONSIBILITY TO REPORT

The Employer relies on its employees and Disclosers to maintain its culture of honest and ethical behaviour.
To this end, it is expected that any Discloser who becomes aware of Reportable Conduct will make a formal
report.

12.5 HOW TO REPORT

Employees of the Employer should initially report the Reportable Conduct to their relevant Senior Manager
by telephone or email.

If a Discloser is unable to use the above reporting channel, a report can be made to an Eligible Recipient
within the Employer. Eligible Recipients in relation to the Employer are:

• directors

• officers

• senior managers or

• any appointed external auditor or actuary of the Employer.

Reports to an Eligible Recipient may be made in person or by telephone, and the Discloser must inform the
Eligible Recipient that they wish to make a report under this policy.

12.6 INVESTIGATION OF REPORTABLE CONDUCT

Upon receiving a report, the relevant Senior Manager/s of the Employer will determine if the report relates to
Reportable Conduct and, if so, the report will be investigated as appropriate. The investigation may be
conducted internally or via an externally appointed investigator.

The particular investigation process and enquiries will be determined by the nature and substance of the
report. All investigations will be conducted in an objective and fair manner, and will be reasonable and
appropriate having regard to the nature of the Reportable Conduct and the circumstances.

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Where a Discloser wishes to remain anonymous, the Discloser’s identity will not be disclosed to the
investigator or to any other person. Information that is likely to lead to the identification of the Discloser can
be disclosed without the Discloser’s consent, provided that:

• the disclosure of the confidential information is reasonably necessary for the purposes of
investigating the conduct disclosed by the Discloser, and

• all reasonable steps are taken to reduce the risk that the Discloser will be identified.

Where appropriate, the Eligible Recipient or appointed investigator will provide feedback to the Discloser
regarding the investigation’s progress and/or outcome. This will be subject to privacy and confidentiality
considerations.

12.7 CONFIDENTIAL REPORTING

All reasonable steps will be taken to protect a Discloser’s identity following a report of any matter that is
considered Reportable Conduct.

Information about a Discloser’s identity and information that is likely to lead to the identification of the
Discloser may be disclosed in the following circumstances:

• where the information is disclosed to ASIC, APRA or the Australian Federal Police

• where the information is disclosed to a legal practitioner for the purpose of obtaining legal advice in
relation to the operation of applicable whistleblowing protection laws, or

• where the Discloser consents.

All information, files and records that form part of an investigation into Reportable Conduct will be retained
securely.

12.8 PROTECTIONS AND SUPPORT AVAILABLE TO DISCLOSERS

A Discloser will not be subject to any civil, criminal or disciplinary action for making a report that is covered
by this policy, or for participating in any subsequent investigation by the Employer.

The Employer will not tolerate any retaliation against any Discloser. Retaliation occurs where a person
causes or threatens detrimental treatment to another person as a result of making a report of Reportable
Conduct. Detrimental treatment may include, but is not limited to:

• dismissal

• injury of an employee in their employment

• alteration of an employee’s position or duties to their disadvantage

• discrimination between an employee and other employees of the same employer

• harassment or intimidation of a person

• damage to a person’s property

• damage to a person’s reputation

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• damage to a person’s business or financial position, or

• any other damage to a person.

Detrimental treatment by any employee will be deemed a serious breach of this policy and may result in
disciplinary action up to and including termination of employment. Retaliatory conduct may also attract civil
or criminal liability.

The Employer will connect the Discloser with internal and external support providers as necessary.

12.9 AMENDMENT AND AVAILABILITY OF THIS POLICY

This policy, as it is amended from time to time, will be made available to you.

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13 CAPABILITY

We recognise that during your employment with us you may find yourself less capable of conducting your
duties. This might commonly be because either the job changes over a period of time and you fail to keep
pace with the changes, or you change (perhaps because of health reasons) and you can no longer cope
with the work. We retain discretion in respect of the capability procedures to take account of your length of
service and to vary the procedures accordingly.

13.1 JOB CHANGES/GENERAL CAPABILITY ISSUES

If we have general concerns about your ability to perform your job or if the nature of your job changes, we
will try to ensure that you understand the level of performance expected of you and that you receive
adequate training and supervision. Concerns regarding your capability will normally first be discussed in an
informal manner and you will be given time to improve.

If your standard of performance is still not adequate, you will be warned in writing that a failure to improve
and to maintain the performance required could lead to your termination. We will also consider the
possibility of a transfer to more suitable work if possible.

If there is still no improvement after a reasonable time and we cannot transfer you to more suitable work, or
if your level of performance has a serious or substantial effect on the Employer to its detriment, you will be
dismissed with the appropriate notice.

13.2 PERSONAL CIRCUMSTANCE/HEALTH ISSUES

Personal circumstances may arise which do not prevent you from attending work but which prevent you
from carrying out your normal duties (eg a lack of dexterity or general ill health). If such a situation arises,
we will normally need to have details of your medical diagnosis and prognosis so that we have the benefit of
expert advice.

Under normal circumstances, this can be most easily obtained by asking your own doctor for a medical
report. Your permission is needed before we can obtain such a report and we will expect you to co-operate
in this matter should the need arise. When we have obtained as much information as possible regarding
your condition and after consultation with you, a decision will be made about your future employment with
the Employer in your current role or, where circumstances permit, in a more suitable role.

There may also be personal circumstances which prevent you from attending work, either for a prolonged
period or for frequent short absences. Under these circumstances, we will need to know when we can
expect your attendance record to reach an acceptable level. This may again mean asking your own doctor
for a medical report or by making whatever investigations are appropriate in the circumstances. When we
have obtained as much information as possible regarding your condition, and after consultation with you, a
decision will be made about your future employment with the Employer in your current role or, where
circumstances permit, in a more suitable role.

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14 DISCIPLINARY

14.1 INTRODUCTION

This policy sets standards of performance and behaviour expected by the Employer, together with the
procedure to be followed in the event of disciplinary issues. The policy aims to help promote fairness and
order in the treatment of individuals. It is the Employer’s aim that the rules and procedures should
emphasise and encourage improvement in the conduct of individuals where they are failing to meet the
required standards, and not be seen merely as a means of punishment. We reserve the right to amend
these rules and procedures where appropriate.

Every effort will be made to ensure that any action taken under this procedure is fair, with you being given
the opportunity to state your case.

The following rules and procedures should ensure that:

• the correct procedure is used when requiring you to attend a disciplinary hearing

• you are fully aware of the standards of performance, action and behaviour required of you

• disciplinary action, where necessary, is taken speedily and in a fair, uniform and consistent manner

• you will only be disciplined after careful investigation of the facts and the opportunity to present your
side of the case

• at all disciplinary hearings, rather than investigatory meetings, you have the right to be accompanied
by a support person at all stages of the formal disciplinary process

• you will not normally be dismissed for a first breach of discipline, except in the case of serious
misconduct and

• if you are disciplined, you will receive an explanation of the penalty imposed.

On some occasions temporary suspension on contractual pay may be necessary in order that an
uninterrupted investigation can take place. This should not be regarded as disciplinary action or a penalty of
any kind.

14.2 DISCIPLINARY RULES

It is not practicable to specify all disciplinary rules or offences that may result in disciplinary action, as they
may vary depending on the nature of the work.

In addition to the specific examples of misconduct and serious misconduct shown in this policy, a breach of
other specific conditions, procedures and practices set out elsewhere in this Employee Handbook or that
have otherwise been made known to you, will also result in this procedure being used to deal with such
matters.

14.3 RULES COVERING MISCONDUCT

You will be liable to disciplinary action if you are found to have acted in any of the following ways:

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• failure to abide by the Employer’s health and safety policies and procedures and your general health
and safety responsibilities

• actions which could threaten the health and safety of yourself, your colleagues or others

• persistent absenteeism and/or lateness

• unsatisfactory standards or output of work

• rudeness towards customers/clients, members of the public or your colleagues, objectionable or

insulting behaviour, harassment, bullying or bad language

• failure to devote the whole of your time, attention and abilities to our business and its affairs during
your normal working hours

• unauthorised use of email, internet and/or social media

• failure to carry out all reasonable instructions or follow our rules and procedures

• use of the Employer’s vehicles without approval or the private use of our commercial vehicles without
authorisation

• failure to report any incident whilst driving the Employer’s vehicles, whether or not personal injury or
vehicle damage occurs

• carrying unauthorised goods or passengers in the Employer’s commercial vehicles or the use of the
Employer’s vehicles for personal gain

• unauthorised use or negligent damage or loss of our property and

• failure to report immediately any damage to property or premises caused by you.

This list is not exhaustive.

14.4 SERIOUS MISCONDUCT

Occurrences of serious misconduct are significant because the penalty may be termination without notice,
even without any previous warning being issued. It is not possible to provide an exhaustive list of examples
of serious misconduct. However, any behaviour or negligence resulting in a fundamental breach of your
contractual terms that irrevocably destroys the trust and confidence necessary to continue the employment
relationship will constitute serious misconduct. Examples of offences that will normally be considered to be
serious misconduct include serious instances of:

• theft or fraud

• any conduct that may constitute a criminal offence

• physical violence or bullying

• sexual harassment

• deliberate damage to property

• deliberate acts of unlawful discrimination or harassment

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• possession, or being under the influence, of illegal drugs at work and

• breach of the Employer’s health and safety policies and procedures and your general health and
safety responsibilities or any actions that endangers the lives of, or may cause serious injury to,
employees or any other person.

14.5 DISCIPLINARY PROCEDURE

Disciplinary action taken against you may be based on the nature of the conduct and behaviour. Outcomes
of the disciplinary procedure will vary depending on factors including, but not limited to, any history of
misconduct, the severity of the misconduct, your length of service and any mitigating factors. The outcomes
include:

• formal verbal warning

• written warning

• final written warning or

• termination (including termination without notice in the event of serious misconduct).

There may also be occasions where disciplinary action warrants suspension.

Ordinarily a disciplinary outcome will be provided after:

• a meeting with you has taken place to discuss the issues allegedly involved (and at which you are
entitled to have a support person)

• you have had the opportunity to respond to the allegations and

• we have considered your response and any mitigating factors.

We retain discretion in respect of the disciplinary procedures to take account of your length of service and
the severity of the misconduct to vary the procedures accordingly. If you have a short amount of service,
you may not be in receipt of any warnings before termination.

Where a disciplinary outcome has been provided, any future or further breach of the rules in relation to
similar or entirely independent matters of misconduct may be subject to further disciplinary action and allow
the continuation of the disciplinary process through to termination if the warnings do not change behaviour.

14.6 GENERAL NOTES

If you are in a supervisory or managerial position then demotion to a lower status at the appropriate rate of
pay may be considered as an alternative to termination, except in cases of serious misconduct.

Serious misconduct offences will result in termination without notice.

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15 BULLYING AND HARASSMENT

15.1 INTRODUCTION

The Employer is committed to the provision of a fair, healthy and safe workplace in which everyone is
treated with dignity and respect and in which no individual or group feels bullied, threatened or intimidated.

Bullying or harassment in any form is unacceptable behaviour and will not be permitted or condoned.

We recognise that bullying and harassment can exist in the workplace, as well as outside, and that this can
seriously affect workers' working lives by detracting from a productive working environment and can impact
on the health, confidence, morale and performance of those affected by it, including anyone who witnesses
or has knowledge of the unwanted or unacceptable behaviour.

15.2 HARASSMENT

The intention of these procedures are to inform workers of the type of behaviour that is unacceptable and to
provide procedural guidance.

We recognise that we have a duty to implement this policy and all workers are expected to comply with it.

Harassment is any unwanted physical, verbal or non-verbal conduct based on grounds of age, disability,
gender identity, marriage and civil partnership, pregnancy or maternity, race, religion or belief, sex or sexual
orientation which affects the dignity of anyone at work or creates an intimidating, hostile, degrading,
humiliating or offensive environment.

Sexual harassment is any unwelcome sexual advance, an unwelcome request for sexual favours or any
unwelcome conduct of a sexual nature. Such conduct includes making a statement of a sexual nature to a
person, or in the presence of a person, whether the statement is made orally or in writing. Harassment on
the grounds of sex is any unwelcome conduct of a seriously demeaning nature and includes making a
statement to a person, or in the presence of a person, whether the statement is made orally or in writing.

A single incident of unwanted or offensive behaviour can amount to harassment.

Harassment can take many forms and individuals may not always realise that their behaviour constitutes
harassment. Examples of harassment include:

• insensitive jokes and pranks including inappropriate comments based on sex

• lewd or abusive comments about appearance

• asking intrusive personal questions based on a person’s sex

• deliberate exclusion from conversations

• displaying abusive or offensive writing or material

• unwelcome sexual advance, or an unwelcome request for sexual favours

• unwelcome conduct of a sexual nature

• unwelcome touching and

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• abusive, threatening or insulting words or behaviour.

These examples are not exhaustive and disciplinary action at the appropriate level will be taken against
employees committing any form of harassment. Appropriate action in relation to an employee will include
disciplinary action in accordance with the Employer’s disciplinary and disciplinary termination procedure. For
other workers, appropriate action may include termination of their engagement with the Employer.

15.3 BULLYING

Bullying is repeated, offensive, abusive, intimidating, insulting or unreasonable behaviour directed towards
an individual or a group, which makes the recipient(s) feel threatened, humiliated or vulnerable. Note single
incidents of bullying will not be tolerated.

Bullying can occur in the workplace and outside of the workplace at events connected to the workplace,
such as social functions or business trips.

Bullying can be a form of harassment and can cause an individual to suffer negative physical and mental
effects.

Bullying can take the form of physical, verbal and non-verbal conduct. As with harassment, there are many
examples of bullying, which can include:

• abusive, insulting or offensive language or comments

• unjustified criticism or complaints

• physical or emotional threats

• deliberate exclusion from workplace activities

• the spreading of misinformation or malicious rumours and

• the denial of access to information, supervision or resources such that it has a detrimental impact on
the individual or group.

These examples are not exhaustive and disciplinary action at the appropriate level will be taken against
employees committing any form of bullying. Appropriate action in relation to an employee will include
disciplinary action in accordance with the Employer’s disciplinary and disciplinary termination procedure. For
other workers, appropriate action may include termination of their engagement with the Employer.

15.4 REASONABLE MANAGEMENT ACTION TAKEN IN A REASONABLE WAY

It is reasonable for managers and supervisors to allocate work and to give fair and reasonable feedback on
a worker’s performance. These actions are not considered to be workplace bullying or harassment if they
are carried out lawfully and in a reasonable manner, taking the particular circumstances into account.

Examples of reasonable management action can include but are not limited to:

• setting reasonable performance goals, standards and deadlines

• rostering and allocating working hours where the requirements are reasonable

• transferring a worker for operational reasons

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• deciding not to select a worker for promotion where a reasonable process is followed

• informing a worker of their unsatisfactory work performance

• meeting with a worker to discuss performance and/or conduct

• informing a worker of their unreasonable or inappropriate behaviour in an objective and confidential

way

• implementing organisational changes or restructuring and

• taking disciplinary action including suspension or termination of employment.

15.5 BULLYING AND HARASSMENT COMPLAINT PROCEDURES

i) Informal complaint

We recognise that complaints of bullying, harassment, and particularly of sexual harassment, can
sometimes be of a sensitive or intimate nature and that it may not be appropriate for you to raise the
issue through our normal grievance procedure. In these circumstances you are encouraged to raise
such issues with a senior colleague of your choice (whether or not that person has a direct
supervisory responsibility for you) as a confidential helper.

If you are the victim of minor bullying or harassment you should make it clear to the alleged bully or
harasser on an informal basis that their behaviour is unwelcome and ask the individual to stop. If you
feel unable to do this verbally then you should hand a written request to the individual, and your
confidential helper can assist you in this.

ii) Formal complaint

Where the informal approach fails or if the bullying or harassment is more serious, you should bring
the matter to the attention of management as a formal written complaint and again your confidential
helper can assist you in this. If possible, you should keep notes of the bullying or harassment so that
the written complaint can include:

• the name of the alleged bully or harasser

• the nature of the alleged incident of bullying or harassment

• the dates and times when the alleged incident of bullying or harassment occurred

• the names of any witnesses and

• any action already taken by you to stop the alleged bullying or harassment.

On receipt of a formal complaint we will take action to separate you from the alleged bully or
harasser to enable an uninterrupted investigation to take place. This may involve a temporary
transfer of the alleged bully or harasser to another work area or suspension of employees (with
contractual pay) until the matter has been resolved.

The person dealing with the complaint will invite you to attend a meeting, at a reasonable time and
location, to discuss the matter and carry out a thorough investigation. You have the right to be
accompanied at such a meeting by your confidential helper or another work colleague of your choice
and you must take all reasonable steps to attend. Those involved in the investigation will be expected
to act in confidence and any breach of confidence will be a disciplinary matter.

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 Where appropriate, the appointed investigator will issue a report of the findings and decision, in
writing, to you and to the alleged bully or harasser.

15.6 GENERAL NOTES

If the report concludes that the allegation is well founded, appropriate action will be taken against the bully
or harasser.

If you bring a complaint of bullying or harassment you will not be victimised for having brought the
complaint. However, if the report concludes that the complaint is both untrue and has been brought with
malicious intent, appropriate action will be taken against you. Appropriate action in relation to an employee
will include disciplinary action in accordance with the Employer’s disciplinary and disciplinary termination
procedure. For other workers, appropriate action may include termination of their engagement with the
Employer.

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16 SEXUAL HARASSMENT

16.1 INTRODUCTION

The Employer is committed to the provision of a fair, healthy and safe workplace in which everyone is
treated with dignity and respect and in which no individual or group feels offended, threatened or
intimidated. Everyone in the workplace has the right to a workplace that is safe and free from sexual
harassment.

Sexual harassment is a legally recognised form of sex discrimination. Sexual harassment and sex
discrimination are both unlawful under the Sex Discrimination Act and Fair Work Act.

Sexual harassment in any form will not be tolerated. We recognise that sexual harassment can seriously
affect workers' working lives by detracting from a productive working environment and can seriously impact
on the health, confidence, morale and performance of those affected by it, including anyone who witnesses
or has knowledge of the unwanted or unacceptable behaviour.

16.2 SEXUAL HARASSMENT

Sexual harassment is a specific and serious form of harassment. It is unwelcome sexual behaviour, which
could be expected to make a person feel offended, humiliated or intimidated. Sexual harassment can be
physical, spoken or written. It can include:

• inappropriate physical contact, such as unwelcome touching

• inappropriate staring or leering

• making a suggestive comment or joke

• sharing sexually explicit pictures or posters, sending sexually explicit emails or messages

• making an unwanted invitation to go out on a date

• a request for sex

• intrusive questioning about a person's private life or body

• unnecessary familiarity, such as deliberately brushing up against a person

• an insult or a taunt of a sexual nature

• harassment on the grounds of sex

• behaviour that may also be considered to be an offence under criminal law, such as physical assault,
indecent exposure, sexual assault, stalking or obscene communications.

Behaviour that may be considered sexual harassment in one situation may not be in others, for example
flirtation or love and affection between two consenting individuals which is mutual, consensual or
reciprocated is not sexual harassment.

A single incident is enough to constitute sexual harassment – it doesn’t have to be repeated. If

substantiated, sexual harassment is considered serious misconduct under the Fair Work Act and can
amount to a valid reason for termination without notice.

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Sexual harassment does not necessarily have to take place in the workplace to be unlawful. Sexual
harassment in the course of employment can occur during work hours, at work-related events such as
training or social events, between people sharing the same workplace, or even between colleagues outside
of work.

Manager and supervisors have an additional responsibility to ensure the safety and welfare of their
employees this includes modelling appropriate standards of behaviour, taking steps to educate and make
staff aware of their obligations under this policy and the law and responding quickly and appropriately to any
form of sexual harassment.

The Employer takes sexual harassment seriously. This policy requires all staff (including apprentices and
trainees) volunteers as well as contractors to ensure their behaviour is respectful and appropriate. These
examples are not exhaustive and disciplinary action up to and including termination of employment, will be
taken against workers committing any form of sexual harassment. Appropriate action in relation to an
employee will include disciplinary action in accordance with the Employer’s disciplinary and disciplinary
termination procedure. For other workers, appropriate action may include termination of their engagement
with the Employer

16.3 SEXUAL HARASSMENT COMPLAINT PROCEDURES

i) Informal complaint

We recognise that complaints of sexual harassment can be of a sensitive or intimate nature and that
it may not be appropriate for you to raise the issue through our normal grievance procedure. In these
circumstances you are encouraged to raise such issues with a senior colleague of your choice
(whether or not that person has a direct supervisory responsibility for you) as a confidential helper.

If you are the victim of sexual harassment, we encourage you to make it clear to the alleged harasser
on an informal basis that their behaviour is unwelcome and ask the individual to stop. If you feel
unable to do this verbally then you should hand a written request to the individual, and your
confidential helper can assist you in this.

ii) Formal complaint

Where the informal approach fails or if the sexual harassment is more serious, you should bring the
matter to the immediate attention of management as a formal written complaint and again your
confidential helper can assist you in this. If possible, you should keep notes of the sexual harassment
so that the written complaint can include:

• the name of the alleged sexual harasser

• the nature of the alleged incident of sexual harassment

• the dates and times when the alleged incident of sexual harassment occurred

• the names of any witnesses and

• any action already taken by you to stop the alleged sexual harassment.

On receipt of a formal complaint we will take action to separate you from the alleged harasser to
enable an uninterrupted investigation to take place. This may involve a temporary transfer of the
alleged harasser to another work area or suspension of employees (with contractual pay) until the
matter has been resolved.

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 The person dealing with the complaint will invite you to attend a meeting, at a reasonable time and
location, to discuss the matter and carry out a thorough investigation. You have the right to be
accompanied at such a meeting by your confidential helper or another work colleague of your choice
and you must take all reasonable steps to attend. Those involved in the investigation will be expected
to act in confidence and any breach of confidence will be a disciplinary matter.

On conclusion of the investigation which will normally be within ten working days of the meeting with
you, a report of the findings and of the investigator's decision will be sent, in writing, to you and to the
alleged bully or harasser.

Due to the serious nature of sexual harassment, if you decide to not proceed with a formal or
informal complaint, the Employer reserves the right to consider appropriate action in the
circumstances in order to ensure the safety and wellbeing of its employees. The Employer will
consider the seriousness of the behaviour and circumstances in taking action this may include a
review of current processes for preventing and responding to sexual harassment, providing training
and reminders to employees of their general obligations not to sexually harass others, following up
with you on your concerns as well as monitoring behaviour in the workplace.

16.4 GENERAL NOTES

If the report concludes that the allegation is well founded, appropriate action will be taken against the
harasser.

If you bring a complaint of sexual harassment you will not be victimised for having brought the complaint.
However, if the report concludes that the complaint is both untrue and has been brought with malicious
intent, appropriate action will be taken against you. Appropriate action in relation to an employee will include
disciplinary action in accordance with the Employer’s disciplinary and disciplinary termination procedure. For
other workers, appropriate action may include termination of their engagement with the Employer.

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17 GRIEVANCE

It is important that if you feel dissatisfied with any matter relating to your employment you should have an
effective means by which to raise such a grievance and, where appropriate, have it resolved.

Nothing in this procedure is intended to prevent you from informally raising with your manager any matter
you may wish to mention. Informal discussion can frequently solve problems without the need for a written
record. However, if you wish to raise a formal grievance you should normally do so in writing from the
outset.

If you feel aggrieved at any matter relating to your work (except harassment, for which there is a separate
procedure), you should first raise the matter with your manager, explaining fully the nature and extent of
your grievance. You will then be invited to a meeting at a reasonable time and location at which your
grievance will be investigated fully. You must take all reasonable steps to attend this meeting. You will be
notified of the decision, in writing, normally within ten working days of the meeting.

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18 PRIVACY

While the operation of the Privacy Act does not apply to the Employer in regard to any acts which directly
relate to:

• the employment relationship between the Employer and the individual and

• an employee record held by the Employer,

the Employer treats the handling of your personal information very seriously. Accordingly, the purpose of
this policy is to ensure the protection of your privacy in relation to the handling of your personal information.

18.1 COLLECTION OF PERSONAL INFORMATION

Personal information may be collected during the recruiting process and throughout your employment with
the Employer. This personal information may be disclosed to other areas within the business for
administrative purposes and for the progression of your application. All confidential information will be used
for legitimate purposes in accordance with relevant legislation.

Personal information includes information relating to:

• the engagement, training, disciplining or resignation of the employee

• termination of the employment of the employee

• terms and conditions of employment of the employee

• employee’s personal and emergency contact details

• employee’s performance or conduct

• employee’s hours of employment

• employee’s salary or wages

• employee’s membership of a professional or trade association

• employee’s trade union membership

• employee’s recreation, long service, sick, personal, maternity, paternity or other leave and

• employee’s taxation, banking or superannuation affairs.

All reasonable attempts will be made to keep this information relevant, complete and current. You must
ensure that any personal information provided is accurate and current.

18.2 YOUR RESPONSIBILITIES

In light of the above objective, every employee is responsible for the appropriate handling of such
information and to prevent unlawful disclosure.

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If you have access to this information or any such personal information belonging to another employee or a
client of the Employer, you must ensure that you maintain the confidence of any confidential information that
you have access to, or become aware of, during the course of your employment and will prevent its
unauthorised disclosure or use by any other person.

You will not use the confidential information for any purpose other than for the relevant and related
Employer processes during or after your employment. Any action in breach of this policy may result in
disciplinary action being taken.

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19 EQUAL OPPORTUNITIES AND ANTI-DISCRIMINATION

19.1 STATEMENT OF POLICY

We recognise that discrimination is unacceptable and, although equality of opportunity has been a long-
standing feature of our practices and procedure, we have made the decision to adopt a formal equal
opportunities policy.

Breaches of the policy will lead to disciplinary proceedings and, if appropriate, disciplinary action.

The aim of the policy is to ensure that no job applicant or employee is discriminated against either directly or
indirectly on the grounds of age, disability, gender identity, marriage and civil partnership, pregnancy or
maternity, race, religion or belief, sex or sexual orientation.

The policy will be communicated to all private contractors reminding them of their responsibilities in respect
of equality of opportunity.

We will maintain a neutral workplace in which no employee or other worker feels under threat or intimidated.

19.2 RECRUITMENT AND SELECTION

The recruitment and selection process is crucially important to any equal opportunities policy. We will
endeavour through appropriate training to ensure that employees making selection and recruitment
decisions will not discriminate, whether consciously or subconsciously, in making these decisions.

Promotion and advancement will be made on merit and all decisions relating to this will be made within the
overall framework and principles of this policy.

We will adopt a consistent, non-discriminatory approach to the advertising of vacancies. We will not confine
our recruitment to areas or media sources which provide only, or mainly, applicants of a particular group. All
applicants who apply for jobs with us will receive fair treatment and will be considered solely on their ability
to do the job.

All employees involved in the recruitment process will periodically review their selection criteria to ensure
that they are related to the job requirements and do not unlawfully discriminate.

Short listing and interviewing will be carried out by more than one person where possible.

Interview questions will be related to the requirements of the job and will not be of a discriminatory nature.

Selection decisions will not be influenced by any perceived prejudices of other staff. All promotions will be in
line with this policy.

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20 MOTOR VEHICLES

20.1 GENERAL REQUIREMENTS

You may be required to use a motor vehicle to enable you to efficiently perform your duties. This includes all
terrain vehicles and buggies used on the island.

Where travelling in the island n the course of your duties, the motor vehicle is considered to be a workplace
and the Employer recognises it has health and safety obligations in respect of this. The Employer will
ensure that company motor vehicles are registered and insured in accordance with the relevant legislation.

You must at all times comply with the Motor Vehicles policy in the Health and Safety Handbook. It is your
responsibility to see that any Employer motor vehicle is not used by anyone other than authorised persons.

If you are driving a motor vehicle with Employer branding on display, you are representing the Employer at
any time whilst driving or on the road. You must therefore drive in a manner that is considerate of other road
users. Any complaint about a driver will be investigated and disciplinary action may result.

20.2 FIXTURES, FITTINGS AND MODIFICATIONS

No fixtures such as aerials, roof racks, towing apparatus, or stickers may be attached to any Employer
vehicles without prior written permission.

No change or alterations may be made to the manufacturer’s mechanical or structural specification of the
vehicle.

20.3 CLEANING AND MAINTENANCE

When you drive one of the Employer’s vehicles, it is your responsibility to ensure that it is kept clean and
tidy and free from rubbish and personal items at all times and that it is returned to the Employer in that
condition after use. Smoking in Employer vehicles is not permitted.

Any maintenance or repair work, or replacement of parts, including tyres, must be approved in advance by
the Employer, and reimbursement will only be made against production of an authorisation. When requested
by the Employer you must ensure servicing is carried out. Full details of the work required and the cost
involved must be given.

Before you use one of the Employer’s vehicles, and on its return, you are responsible for ensuring that the
oil and water levels, battery and brake fluid and tyre pressures are maintained and that the tread of all tyres
conforms to the minimum legal requirements.

The Employer reserves the right to request to deduct the cost of the valet from your pay where you fail to
adequately clean the vehicle.

20.4 FINES

We will not be held responsible for any fines (eg parking, speeding, tolls etc) incurred by you whilst working
for the Employer. If we receive the fine on your behalf, we may pay the fine and reserve the right to request
to deduct the cost from any monies owing to you.

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20.5 LOSS

In the case of theft of one of the Employer’s vehicles, the police and the Employer must be informed
immediately. Full details of the contents of the vehicle must also be given. If any contents are stolen from
the vehicle, the police and the Employer should be notified immediately.

Please note that only Employer property is insured by the Employer and you should make your own
arrangements to cover your personal effects.

You must always secure the vehicle and its contents and turn on any alarm system that is fitted to the
vehicle. The contents should be stored out of sight, preferably in the boot or rear. If a vehicle is stolen, we
are required to prove to the insurance company that there has been no negligence and, therefore, we must
hold you responsible in the event of such negligence.

20.6 PERMITTED USE

Subject to the restrictions already stipulated, Employer vehicles may only be used for authorised business,
unless previous arrangements for private domestic or social use have been agreed in advance. They may
not be used for the carriage of passengers for hire or reward, nor may they be used for any type of motoring
sport, including racing, rallying or pace making, whether on the public road or on private land.

On periods of leave, you may be required to return the Employer vehicle to the Employer, unless otherwise
agreed with management.

20.7 PERSONAL LIABILITY

In the event of an at fault accident whilst driving one of the Employer’s vehicles or where any damage to an
Employer vehicle is due to your negligence or lack of care, the Employer reserves the right to insist on you
rectifying the damage at your own expense or paying the excess part of any claim.

Repeated instances may result in disciplinary action/and or the use of Employer vehicles being withdrawn.

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21 TERMINATION OF EMPLOYMENT

21.1 RESIGNATIONS

All resignations must be provided in writing, stating the reason for resigning your post.

21.2 FAILURE TO PROVIDE REQUIRED NOTICE

If you terminate your employment without providing the required period of notice, you may not be entitled to
your full termination pay. Depending on the terms of your employment contract and any other terms
governing your employment relationship, an amount may be withheld from your termination pay that is
equivalent to all or part of the notice not provided.

21.3 RETURN OF EMPLOYER PROPERTY

On the termination of your employment, you must return all Employer property which is in your possession
or for which you have responsibility. Failure to return such items within seven days will result in the cost of
the items being deducted from any monies outstanding to you.

All Employer property should be returned to management.

21.4 GARDEN LEAVE

If either you or the Employer serves notice on the other to terminate your employment, the Employer may
require you to take “garden leave” for all or part of the remaining period of your employment. Where garden
leave is directed, you will be required to serve your notice period at home and will not undertake any duties
relating to your employment.

During any period of garden leave you will continue to receive your full salary and any other contractual
benefits.

The Employer reserves the right to require you to return to work during any period of garden leave.

You are still engaged as an employee while serving any period of notice on garden leave. As such, unless
expressly authorised by the Employer, you are not permitted to undertake any secondary employment
during this time. Further, the Employer may require you to return any Employer property in your possession
while on garden leave.

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