Date: Monday 23rd March 2015

PRIVATE AND CONFIDENTIAL

Att: ABDUL RAZAK ABDULLAH
1.
1.1.

EMPLOYMENT CONTRACT AND PERIOD

We would like to take this opportunity of welcoming you to Crystal Cruise Line International Australia and

confirm your employment with effect from 20th April 2015 in the position of PHOTOGRAPHER this letter sets out
the terms and conditions of your employment.
1.2.

Your employment with the Company will endure of an indefinite period unless terminated in accordance

with the provisions contained in paragraph 5 below.

1.3.

The Company may in its absolute discretion and from time to time require you to perform duties which may

fall outside of your job title and/or job description.

1.4.

Your contract duration is for 24 months with effect from April 2015, and you contract can be extend

depending on your effort and your supervisor recommendation.

2.

EFFECTIVE DATE

The effective date of this contract is the date of signature hereof, however should you have been employed by the

Company prior to the effective date and continue to remain in the employ of the Company immediately preceding
the effective date then the applicability of the time periods for calculation of your holiday leave, will be calculated
in accordance with the date you commenced your employment with the Company in terms of clause 1.1. Above
3.
3.1.

REMUNERATION

Your initial basic salary will be USD $5500 / AUD $5300 per month, payable with effect from April 2015,

and is paid on the last day of each month (or on the previous business day, should the last day fall on a Sunday or
Public holiday)
3.2.

In the event that your employment is terminated either by you or by the Company, you will receive a salary

for that month.

3.3.

The Company will be entitled to deduct or set off from your salary any amounts due by you to the Company,

for any reason whatsoever. You furthermore agree to the deduction in terms of section 34(1) of the Basic
Conditions of Employment Act No. 75 of 1997, as amended.

3.4.

In addition to your salary as set out in paragraph 3.1 above you will receive a cellular telephone allowance of

USD $300 per month.

3.5.

In addition to you salary as set out in paragraph 3.1 above, you shall be entitled for a paid flight ticket fee of

USD $ 2500 whenever you which to visit your family

3.6.

In addition to you salary as set out in paragraph 3.1 above, you shall be entitled for a one bedroom self

contain accommodation on our staffs lodge on the Cruise Linear

3.7.

Further, in addition to your salary and cellular telephone allowance you will be included in the Companys

Incentive Bonus Scheme which will be given to you on your arrival in Australia.
3.8.

The Company shall refund to you any out-of-pocket expenses incurred by yourself on behalf of the

Company which are substantiated by vouchers and which have been approved by the Company and which are
incurred in accordance with the principles determined by the Company from time to time.
3.9.

In respect of the reimbursement for expenses, you are required to submit the necessary claim form on or

before the 21st day of the month in order to be reimbursed during that month. A copy of the claim form together
with the expense guide lines is set out in the Human Resources Policies and Procedures manual.
4.

EMPLOYMENT DUTIES

The following conditions of employment apply:

4.1.
4.2.

You will report to your supervisor who will determine your duties and responsibilities from time to time.

Your appointment is subject to the conditions set out in the Human Resources Policies and Procedures

manual, as amended from time to time.

4.3.

You must conform to any other regulations, instructions and procedures that are in force and which may be

instituted at the Companys discretion.

4.4.

You may not accept work from any agencies, nor render your services to any other company, form or

individual, unless permitted to do so in writing by the company.

4.5.

You must be true and faithful to the Company in all dealings and transactions relating to the business and

interest of the Company and to use your best endeavours to protect and promote the business, reputation and
goodwill of the Company.
4.6.

You must devote the whole of your time and attention during Company working hours and such additional

time as the exigencies of Company business may require, to the business affairs of the Company and to your duties
in terms of your employment with the Company.
4.7.

The Company may in its absolute discretion require you:

4.7.1. To perform duties which may fall outside of your job title and/or job description; or
4.7.2. To accept any other post or rearrangement of duties; or

4.7.3. To perform any other reasonable and lawful additional duties

4.8.

In the event of the termination of your employment for any reason whatsoever, you are obliged to return any

Company assets or equipment in your possession, including any documentation belonging to the Company.
4.9.

Your employment is subject to the disciplinary and grievance procedures in force, as amended from time to

time. The Human Resources Policies and Procedures manual will be given to you for your information.
4.10.

You acknowledge that you shall be obliged to perform subsidiary tasks in addition to the primary tasks for

which you are employed. The Company however undertakes that these subsidiary job tasks will be within the
training and experience or occupational capabilities of yourself and that you shall not suffer any loss of
remuneration or status for work performed on subsidiary tasks.
4.11.

You undertake to:

4.11.1. Carry out all such functions and duties as are from time to time assigned to you and as are reasonable or
lawful;

4.11.2. Obey and comply with all lawful and reasonable instructions given to you by your superior;

4.11.3. Be true and faithful to the Company in all dealings and transactions relating to the business and interests of
the Company and to use your best endeavours to protect and promote the business, reputation and goodwill of the
Company;

4.11.4. Submit to the management or to any person nominated by management such information and reports as

may be required of you in connection with the performance of your duties and the business of the Company devote

the whole of your time and attention during the Company business may require, to the business affairs of the
Company and to your duties in terms of your employment with the Company.
4.12.

Whilst you are employed by the Company you hereby assign and transfer to the Company all your right, title

and interest in and to all intellectual property and copyright which you might have acquired in regard to the
performance of your duties with the Company.
4.13.

You acknowledge that you shall be obliged on occasions to travel to customers premises in order to properly

perform your duties. Whenever such travelling is necessary, arrangements are to be co-ordinated with the
Manager before any commitment is made to the customer concerned. In the event that you utilise your own vehicle,
the Company will reimburse you for the distance travelled for such purpose in excess of 75km per trip at the
Companys ruling rates for reimbursement at the time applicable.
5.

TERMINATION OF EMPLOYMENT

Either you or the Company will be entitled to terminate your employment on written notice given to the other
party, as follows:
5.1.

If you have been employed for four (4) weeks or less, either party is required to give the other party one (1)

week written notice.

5.2.

If you have been employed for more than four (4) weeks, but not more than one (1) year, either party is

required to give two (2) weeks written notice.

5.3.

If you have been employed for more than one (1) year, either party is required to give four (4) weeks written

notice.
5.4.

Notice of termination of your employment may not be given:

5.4.1. During any period of leave to which you are entitled to;

5.4.2. Must not run concurrently with any period of leave to which you are entitled to;
5.4.3. On

any other day except the 1st day of the month, should the first day of the month fall on a public holiday,

or weekend then the first working day following such day;

5.5.

The Company will be entitled to terminate your employment without notice in compliance with the relevant

Labour legislation, as amended, and in terms of the Human Resources Policies and Procedures Manual, which may
include a disciplinary hearing, if you -

5.5.1. Commit any serious or persistent breach of any of the provisions of this agreement;
5.5.2. Are

guilty of any serious misconduct or deliberate neglect in the discharge of your duties under this

agreement;

5.5.3. Are guilty of any other conduct which will justify summary dismissal at common law;
5.5.4. Are

declared either temporary or permanently incapacitated due to illness or injury which results in you

being absent from work for an unreasonably long period of time.

5.6.

Notwithstanding the above, your employment with the Company will terminate at the end of the month in

which you turn 65 (sixty five) years of age, unless you and the Company agree otherwise in writing.
5.7.
5.8.

On termination of your employment you will be entitled to a certificate of service.

On termination of your employment you shall immediately deliver to the Company all assets, equipment,

records, documents, accounts, letters, notes, memoranda and papers of every description within your possession or

control relating to the affairs and business of the Company whether or not they were originally supplied by the
Company and returned in good order, fair wear and tear accepted.
6.

CONFIDENTIALITY

You agree not to use for your own benefit or for the benefit of any other person and not to disclose to any third

party during operation of this agreement or after its termination, expect in the ordinary and proper course of
Company business, any confidential information, including, but not limited to, information regarding the trade
secrets, customer lists, business affairs suppliers lists, technical methods and processes of the Company.
7.
7.1.

HOLIDAY LEAVE

You will be entitled to twenty-one (21) consecutive annual days leave on full remuneration in respect of

each annual leave cycle (which means the period of twelve (12) months immediately following commencement of
your employment).
7.2.

The Company is obliged to grant you, annual leave not later than 6 (six) months after the end of the annual

leave cycle.
7.3.

The Company may not permit you to take annual leave during any of the period of leave to which you are

entitled to in terms of the Basic Conditions of Employment Act or during your notice period.
7.4.

All leave granted by the Company must be taken at a time convenient to the Company and is subject to prior

notice and approval of the Company and the client.

7.5.

You are required to complete and submit the Leave Form as set out in the Human Resources Policies and

Procedures manual; Administration Form Annexure C, this form is too handed to the Company for approval.
7.6.

Any application to take annual leave for a period in excess of two (2) working days must be submitted for

approval at least six (6) weeks prior to the intended starting date of such leave.
8.
8.1.

SICK LEAVE

You will be entitled to six (6) weeks sick leave during every thirty-six (36) months of employment. However

during your first six (6) months of employment you are entitled to one (1) days paid sick leave for every twenty-six
(26) days worked
8.2.

If you are absent from work for more than two (2) consecutive days or more you are required to produce a

medical certificate which must be signed by a medical practitioner or any other person who is certified to diagnose
and treat patients and who is registered with the professional council established by an act on Parliament.
8.3.

The Company is not required to pay you your sick leave if you have been absent from work for more than

two (2) consecutive days, or on more than two (2) occasions during an eight (8) week period, and you do not

produce a medical certificate stating that you were unable to work for the duration of your absence on account of
sickness or injury.
8.4.

You are required to notify the Company by no later than 09h00 on the 1st day of your sickness or absence

from your employment.

8.5.

You are required to complete a sick leave form as set out in the Human Resources Policies and Procedures

manual immediately upon your return to the Company. This form is to be handed to the Company together with
the medical certificate.
8.6.

Should you at any time become permanently unable, in the reasonable opinion of Company management, to

perform your duties adequately by reason of ill health, the Company will be entitled to terminate your employment
on such terms as the Company, in its sole discretion, considers reasonable.
9.
9.1.
9.2.

HOURS OF WORK

Your working hours shall be between the hours of 08.00-16.00, Monday to Friday.

You will be entitled to a lunch break of one (1) hour which is to be taken between 13.00---14.00

9.3.

You undertake and agree to work overtime whenever it is deemed necessary by the Company. You

acknowledge that you will be employed by the Company, inter alia, because you are prepared to work overtime on
occasions, and the Company has employed you on this basis, alternatively, you undertake and agree to work

overtime when both the exigencies of the Company business require it, and it is reasonably convenient for you to do
so.

9.4.

Any overtime worked will be on a paid basis, unless by special prior written arrangement with the Company

as set out in the Human Resources Policies and Procedures Manual.

9.5.

You will be required to work a minimum of forty (40) hours per week, but due to the varied nature of your

work, you may be expected to work additional hours which may be required to meet your objectives. This may
include the occasional evening or weekends and may include country trips, and may involve overnight stays away
from home.
9.6.

On occasions it will be necessary for you to attend training courses, conferences and meetings wherein you

will be required to stay away from home. Many of these events take place after hours and at weekends and it are
compulsory for you to attend.
10.
10.1.

MEDICAL AID

On commencement of service you will be obliged to join the Company Medical Aid Scheme, which is

currently the Crystal Staff Medical Aid. Details of this fund are contained in the Human Resources Policies and
Procedures Manual.
10.2.

It is compulsory for you to apply for membership of the medical aid scheme, unless you are currently a

member of another medical aid, in such event proof of your medical aid membership must be produced within
seven (7) days of the date of your commencement of employment with the Company.
10.3.

The Company will pay 20 percent of your monthly contributions which is based on the medical aid fund and

you will be liable for the balance which will be deducted from your monthly salary.
10.4.

If you belong to an alternative scheme then in such event the Company shall contribute an amount equal to

the amount payable in terms of the medical aid contributions, of the essential scheme.
11.

PROVIDENT FUND

On commencement of service you will be obliged to join the Company Pension Scheme and your contribution will
be deducted monthly from your salary. Details of the scheme and contributions are set out in the Human Resources
Policies and Procedures Manual.
12.

GROUP LIFE INSURANCE

The Company operates a group life insurance scheme for the benefit of employees and full costs of the scheme will
be borne by the Company.
13.

NO CREDIT

You will not borrow money from the Company.

14.
14.1.

COLLECTIVE ARRANGMENTS AND AGREEMENTS

You will be bound by any collective arrangements or agreements concluded by the Company and employees

employed by the Company and/or the representatives of such employees.

15.
15.1.

FLEXIBILITY

In order to fully utilise manpower resources, all employees will perform work within their skills and

capability. To achieve this, individuals will accept any necessary training and be prepared to move from job to job
as the needs of the Company require.

15.2.

You confirm that you recognise and support the complete flexibility of jobs and duties within the Company,

both within sections/departments and between the various sections/departments of the Company, subject to
individual skills and capabilities. In return the Company recognises and accepts the need for training and
retraining in the broadening of skills and in new technological developments, as they affect the Companys
efficiency as a manufacturing operation.
15.3.

The Company may, in its discretion and upon reasonable notice to you, transfer you from one department or

section to another, or from day work to shift work or vice versa, either permanently or temporarily.
16.

TRAINING

You hereby consent to undergo such training as may be prescribed by the Company from time to time.
17.
17.1.

SECURITY

The Companys security regulations will be observed by you and may at the discretion of the Company be

varied from time to time.

17.2.

You will not unlawfully possess any substance, article or thing which is the property of the Company or of

any employee of the Company.

18.
18.1.

GENERAL

No indulgence granted by a party will constitute a waiver of any of that partys rights under this agreement;

accordingly, that party will not be precluded, as a consequence of having granted such indulgence, from exercising
any rights against the other which may have arisen in the part of which may arise in the future.
18.2.

No agreement varying, adding to, deleting from or cancelling this agreement will be effective unless reduced

to writing and signed by or on behalf of the parties.

18.3.

This agreement as read with any collective arrangements or agreements and with the disciplinary, grievance

and retrenchment procedures laid down by the Company from time to time, will constitute the entire contract
between the parties with regard to the matters dealt with in this agreement, and no representations, terms,
conditions or warranties not contained in this agreement will be binding on the parties.
18.4.

This agreement and the disciplinary, grievance and retrenchment procedures as laid down by the Company

from time to time will at all times be subject to the provisions of the Labour Relations Act No. 66 of 1995, and the
Labour Relations Amendment Act No. 42 of 1996, any other law applicable at the time.
19.
19.1.

DISCIPLINARY, GRIEVANCE AND RETRENCHMENT PROCEDURES

Any matter (including any disciplinary action taken by the Company) which arises out of your employment

will be dealt with in terms of the disciplinary code and practice as set out in the Human Resources Policies and
Procedures manual which is available from the managers office, and forms a material part of this agreement.
19.2.

You will be bound by the disciplinary, grievance and retrenchment procedures laid down by the Company

from time to time as set out in this manual.

19.3.

You acknowledge that you have been furnished with and have read copies of the Companys current

disciplinary, grievance and retrenchment procedures as set out in this manual. Compliance with such procedures is
a term and condition of your employment with the Company.

Kindly retain the copy of this letter for you own records and sign the original hereof in order to signify your
acceptance of the terms and conditions of your employment contained herein.

This Letter of Appointment shall be governed by and construed in accordance with the laws of Australia.
Please confirm your acceptance of the above terms and conditions by signing and returning to us the duplicate
copy of this Letter within seven (7) days from the date of this Letter.

Yours faithfully for and on

Behalf of Crystal Cruises Line
Mr. Muller Joshua
President /CEO Crystal Cruise Line

Mrs. Leslie Satcher

Assistance Manger Crystal Cruise Line

Mrs. Rose Frith

Crystal Cruise Line Recruitment Manager

CRYSTAL CRUISE LINE EMPLOYEE'S ACKNOWLEDGEMENT

I accept and agree to the above-stated terms and conditions.
Name:
Passport/ID No:
Nationality:
County of Resident:
Signature:
Date:

ABDUL RAZAK ABDULLAH