EMPLOYMENT AGREEMENTPosition: RESTA

EMPLOYMENT AGREEMENT

Position: RESTAURANT MANAGER


BETWEEN: RUBY DARWIN (ABN: 32 989 843 233)
[the “Employer”]

Address: 48-50 Smith Street
DARWIN NT 0800
Phone: (08) 9727 9083



AND: Hong Qui LE
[the “Employee”]

Address: 297/22 To Huynh Van Banh
Ward 11, Phu Nhuan District HO CHI MINH CITY VIETNAM
Passport No.: B3174399
Date of Birth: 09/09/1974



WHERE IT IS AGREED as follow:

1. BACKGROUND

1.1. The Employer has agreed to employ the Employee as an Restaurant Manager on the terms and conditions set out in this Employment Agreement.

1.2. The Employee has agreed to be employed by the Employer on these terms and conditions.

1.3. In this Agreement a reference to “the Act” means the Fair Work Act 2009 (Cth).










2. TERM, COMMENCEMENT DATE AND AWARD CLASSIFICATION

2.1. The Employment Agreement will commence on 2 February 2015 and continue for four years or until terminated beforehand pursuant to the provisions of this Agreement and thereafter until terminated by you or Ruby Darwin.

3. PROBATIONARY PERIOD

3.1 Unless otherwise expressly agreed in writing, the first three (3) months of the Employee’s employment with the Employer are probationary (“The probationary period”), from 1 February 2015 to 1 May 2015.

3.2 During this period, either party may terminate the employment by providing one (1) week notice to the other party or payment or forfeiture of pay in lieu of notice thereof. This in no way affects or diminishes the right of the Employer to terminate the employment of the Employee without notice in the event of serious or willful misconduct.

3.3 The Employee’s continued employment will be subject to the completion of the probationary period to the satisfaction of the Employer. At that time the Employer will either confirm their permanent employment or terminate this Agreement.


4. DAYS AND HOURS OF WORK

4.1. Where you are engaged on a full-time basis and are required to work a minimum of 38 hours a week. The Employee may be required to work reasonable additional hours including weekends.

4.2. The Employee will be required to work 5 days a week, Monday to Sunday.

4.3. The Employee’s work hours are flexible and may be subject to change during the course of the Employee’s employment with the Employer.


5. ANNUAL LEAVE AND LONG SERVICE LEAVE


5.1 The Employee is entitled to four (4) weeks annual leave per year of service in accordance with
Division 6 of Part 2-2 of the Act.

5.2 Annual leave accrues on a pro rata basis and is credited to the Employee on a monthly basis.
Annual leave is cumulative.

5.3 Annual leave will be given and taken in period agreed between the Employee and the Employer.
The employer can direct the Employee to take an amount of annual leave (where at least the
amount directed is credited to the Employee) during a period when the Employer, or any part of
the company in which the Employee works, is shut down. The Employer can also direct the
Employee to take up to two (2) weeks annual leave during a particular period where more than
Eight (8) weeks of annual leave has been accrued.

5.4 The Employee will be entitled to long service leave in accordance with the State or Territory
Dealing with long service leave.

6. PERSONAL (SICK) LEAVE

6.1 The Employee is entitled to personal (sick) leave in accordance with Division 7 of Part 2-2 of the
Act.

6.2 The Employee is entitled up to ten (10) days paid personal (sick)/carer’s leave for each year of
Continuous service. Personal (sick)/carer’s leave can be taken as sick leave (i.e where the
Employee suffers a personal illness or injury) or carer’s leave (i.e where the Employee needs to
Provide care or support to a member of his/her immediate family or a member of his/her household, who requires care or support due to personal illness, injury or an unexpected emergency.

6.3 Personal (sick)/carer’s leave can be taken if the Employee has an amount of such leave credited.
Where an amount of such leave is not credited, the Employer may allow the Employee to take the leave in advance. Persona; (sick)/carer’s leave accrues every four (4) weeks and accrues on a pro rata basis. The amount accrued each month must be credited to the Employee. Personal (sick)/carer’s leave is cumulative.

6.4 Provided the Employee cannot take an amount of paid personal (sick)/carer’s leave, the Employee is entitled to up to two (2) days unpaid carer’s leave for each occasion when an immediate family member or a household member requires care or support due to personal illness, injury or unexpected emergency. This clause applies regardless of whether the Employee is casual. The Employer may provide additional unpaid carer’s leave at its discretion.

6.5 Compassionate leave is paid leave taken by an Employee to spend time with a member of his/her family or household who has a personal illness or injury which poses a serious threat to his/her life. Compassionate leave is also paid leave taken after the death of an immediate family or household member.

6.6 The Employee is entitled to up to two (2) days compassionate leave for each occasion when an immediate family or household member dies, contracts or develops a personal illness which poses a serious threat to his/her life. The Employer may require the Employee to provide any evidence that the Employer reasonably requires of the illness, injury or death. The Employer may provide additional compassionate leave at its discretion.

6.7 Where personal (sick)/carer’s leave or unpaid carer’s leave was, if being taken or will be taken, the Employee must, as soon as reasonably practical, provide the Employer that he/she:-

6.7.1 In the case of sick leave, requires (or required) leave and is (or will be) absent from employment during a period because of personal illness or injury, or

6.7.2 In the case of carer’s leave, requires (or required) leave to provide care or support to an immediate family member or member of the Employee household, who requires care or support because of personal illness, injury or an unexpected emergency.

7. PARENTIAL LEAVE

7.1 The Employee is entitled to unpaid parental leave in accordance with Division 5 of Part 2-2 of the Act.

8. UNPAID LEAVE

8.1 Subject to the Act, the Employee may apply for other types of unpaid leave subject to the discretion of the Employer and having regard to the requirements of the business.


9. YOUR DUTIES AND RESPONSIBILITIES:

9.1 The Employee’s duties and responsibilities (“duties”) in this position include all the duties and responsibilities that would normally attach to that type of position. The Employer may change these duties during the course of the Employee’s employment after consulting with the Employee.

9.2 The Employee is employed to fulfill the following:

9.2.1 Manage and motivate the restaurant team;

9.2.2 Coordinate the restaurant schedule, covering different shifts if necessary;

9.2.3 Design and planning menus based on demand and in consultation with chefs;

9.2.4 Develop and implement restaurant policies and procedures;

9.2.5 Order any supplies needed for the restaurant;

9.2.6 Ensure dining facilities comply with health regulations;

9.2.7 Confer with customers to assess their satisfaction with meals and service.
.

10. EXPENSES

10.1 The Employee will be reimbursed for all monies reasonably expended by the Employee on behalf of the Employer in accordance with the Employee’s duties where approval for the expenditure has been obtained by the Employer.

10.2 The Employee may be required as a pre-condition to reimburse, to provide the Employer with invoices or receipts for such expenses.


11. TERMINATION OF EMPLOYMENT:

11.1 Either the Employee may terminate the Employee’s employment by giving to the other written notice to that effect. The periods of notice are:

11.1.1 At least 1 week during the Employee’s first year of employment;

11.1.2 At least 2 weeks where the Employee has been employed for more than 1 year but less than 3 years;

11.1.3 At least 3 weeks if the Employee has been employed for more than 3 years but less than 5 years;

11.1.4 At least 4 weeks if the Employee has been employed for more than 5 years.

11.2 The Employer may terminate the Employee’s employment summarily and without notice of the Employee engages in serious or willful misconduct.

11.3 Upon termination of the Employee’s employment, the Employee must return all the Employers property in its original condition, with allowances for reasonable wear and tear.

11.4 If at the time of termination of employment, the Employee owes the Employer any money for any reason whatsoever, the Employer may deduct this amount from any payments owed to the Employee excluding their statutory entitlement.


12. INTELLECTUAL PROPERTY

12.1 For the purposes of this agreement, “intellectual property” includes all intellectual property of whatsoever kind or nature including without limitation all copyright, designs, trademarks, logos, domain names, business names and patents whether existing or at any time in the future.

12.2 The Employee acknowledges and agrees that all Intellectual Property created or discovered by the Employee during the term of the Employee’s employment and which relates to or is capable of being used or adapted for use by the Employer in the Business belongs to the Employer and the Employee will do all things for no fee or payment including assign all the Employee’s interest therein and execute all such assignments as assignor so as to ensure that the Employer is the sole legal and beneficial owner thereof.

12.3 The Employee acknowledges that if the Employer requests the Employee to do anything under this clause or assign any Intellectual Property, then the Employer will bear all expenses as associated therewith and the Employer hereby undertakes to the