Msiza Fixed Term Contract 2022-2023

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FIXED TERM CONTRACT OF EMPLOYMENT

(hereafter known as “the Agreement”)

Entered into by and between the parties:


Buhle Farmers’ Academy
Registration: 2004/016680/08
(Hereinafter referred to as “the employer”)

and

Titos Thiza Msiza

ID/Passport no: 7604046990083

(Hereinafter referred to as “the employee”)

Buhle Farmer’s Academy’s key objective is to uplift and empower previously


disadvantaged South Africans in rural and farming communities through
appropriate practical farmer training and post-training support. The business
objective of the Academy is to; however, generate sufficient income through a
range of farming and business activities to attain financial self-sufficiency.

Buhle Farmers’ Academy values:

 Honesty and Trust


 Commitment to Work Excellence
 Exceptional Service (to our farmers, customers and funders)
 Open Communication

The employer wishes to employ the employee as a Farm Worker on the basis
that the employee agrees, supports and is committed to these business values.
The employment is subject to the terms and conditions set out in this agreement
as well as the terms and conditions contained in all other applicable Labour
Legislation.

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NOW THEREFORE THE PARTIES AGREE AS FOLLOWS:

1. COMMENCEMENT AND DURATION


1.1. This agreement will commence on the 01 June 2022 and end on the
01 June 2023. The expiry of this agreement will not constitute a
dismissal and the employee further agrees that this agreement should
not be construed as creating any legitimate expectation of further
employment within the BFA.
1.2. This agreement supersedes all previous contracts of service,
agreements and/or arrangements governing terms and conditions of
employment, if any, between the parties.

2. TERMINATION
2.1. Notwithstanding the provisions of Clause 1 above, BFA may terminate
this agreement prior to the expiry date mentioned in Clause 1 above
for any reason recognisable in law including but not limited to poor
performance, misconduct, incapacity, retirement or reasons relating to
the Employers Operational Requirements.
2.2. In the case of a premature termination as contemplated in this clause,
BFA will not be liable to compensate the employee in lieu of the
unexpired portion of this agreement. The following notice period is
applicable provided same is given in writing:

2.2.1. One week in the event of the employee being contracted for six (6)
months or less;
2.2.2. Two weeks in the event of the employee being contracted for in
excess of six (6) months but not in excess of one (1) year.
2.2.3. One month, i.e. four weeks in the event of the employee being
contracted for in excess of one (1) year.

2.3. Notwithstanding the provisions of this clause, BFA may terminate the
employees’ services summarily without notice for any cause recognised
in law as deserving of summary dismissal.
2.4. The employer shall have the right not to require or permit the
employee to perform his/her services during the period of notice.

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2.5. The employer shall be entitled to pay the employee remuneration in
lieu of giving the employee notice.
2.6. Final payment of any monies owed to the employee is subject to the
employer returning any property of the employer and vacating any
accommodation or office space provided within the notice period.

3. REMUNERATION
3.1. The employer will pay to the employee an all-inclusive gross monthly
remuneration as stated in the Letter of Appointment which will be
payable in arrears on the 20th or by no later than the last day of the
month.
3.2. The salary is subject to tax including income tax, UIF, Workmen’s
Compensation and other legal deductions.
3.3. It is the employee’s responsibility to maintain an active bank account
for the duration of their employment.
3.4. Any changes to the employee’s bank details, should be communicated
in writing.
3.5. Annual package adjustments will be at the sole discretion of the
employer. Employees will be informed in writing of any adjustments to
their monthly salary. In the event of the employer deciding to grant
any remuneration adjustments, such adjustments will be based
primarily upon the employer and the employee’s performance.

4. DISCRECTIONARY BONUS
4.1. The employee may receive a discretionary performance based bonus at
the end of each year or a pro rata portion thereof.
4.2. This benefit is not a right and is based on the financial positon of the
organisation.
4.3. The discretionary bonus is subject to the sole discretion of the
employer and if payable shall be based upon the individual employee’s
specific performance contribution.
4.4. This payment and the amount payable to each employee may differ
from time to time and per employee and shall not be negotiable.

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5. PENSION FUND AND MEDICAL AID
5.1. The employer does not provide Pension Fund benefits. Employees are
advised to make their own private arrangements in this regard.
5.2. The employer does not provide Medical Aid benefits. Employees are
advised to make their own private arrangements in this regard.

6. WORKING HOURS
6.1. The employee’s normal hours of work will be from 08h00 until 17h00
from Monday to Thursday and 08h00-16h00 on Fridays. There is an
hour allocated to a lunchbreak daily.
6.2. The employee shall be required to be available to deal with any
operational requirements/ emergencies as and when they may arise.
6.3. Due to the nature of the work in a farming agricultural setting, the
hours of work may vary from job/position.
6.4. The employee will not qualify and/or receive any overtime, standby or
call-out remuneration, such remuneration is built into and forms part
of the employee’s remuneration package.
6.5. The employee is not permitted to hold any other employment and/or to
do any form of contract work and /or hold any other positions of office
whilst in the employ of the employer unless this is authorised in
advance and in writing.

7. SUPERVISION AND REPORTING


7.1. During the period of this agreement the employee will work under the
direction of the qualified and/or suitably experienced staff employed or
designated by BFA.
7.2. As BFA has several branches, lines of reporting include a direct
supervisor who may be based at the branch and a divisional head who
may be based at the Support Office. As such this position may report
to multiple managers.

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8. CONFIDENTIALITY
8.1. During the period of this agreement and after its termination, the
employee agrees and undertakes that he or she will not use to the
detriment or prejudice of the BFA, except in the course of his or her
duties, divulge to any person confidential information concerning the
business or affairs of the BFA, and/or any associated institutional entity
which may have come to his or her knowledge during the course of his
or her employment under this agreement.

9. CODE OF ETHICS AND OTHER PROCEDURES


9.1. Whilst in the employ of the BFA under this agreement, the employee
will comply with the provisions of the disciplinary code and procedure,
grievance procedure and health and safety procedures in force at BFA
from time to time.
9.2. In addition to the above-mentioned, the employee also specifically
undertakes to abide by the provisions of the Code of Ethics which is
more fully set out in Addendum A to this agreement.

10. PROTECTION AND SECURITY OF COMPANY INFORMATION


10.1. The employer views the security and protection of all company
information and IP as an extremely serious matter. Including but not
limited to Feed Recipes, Enterprise Templates, business Plans, Training
Programmes and Training Materials. It is the responsibility of each
employee to protects and secure all company information. Employees
Accountability and other Responsibilities in this regards are set out in
Annexure II (two) - Information Security Code of Conduct. No
Employee shall be allowed to communicate directly with the press or
make any press statement relating to any company related business
unless approved to so by the CEO.

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11. GENERAL CLAUSE
11.1. This document contains the entire agreement between the parties.
11.2. No party shall have any claim or right of action arising from any
undertaking, representation or warranty not included in this
document. No agreement to vary, add or to cancel this agreement
shall be of any force or effect unless reduced to writing and signed
by or on behalf of the parties to this agreement.

THUS DONE AND SIGNED AT __________ ON THIS ____DAY OF_________


2022
WITNESSES:

1. ……………………………………. 2. …………………………………….

_________________________________

EMPLOYEE

THUS DONE AND SIGNED AT ______ ON THIS ___DAY OF ______________


2022

WITNESSES:

1. ……………………………………. 2. …………………………………….

_________________________________

FOR AND BEHALF OF BFA

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