CompUSA 2011 Annual Report Download - page 79

Download and view the complete annual report

Please find page 79 of the 2011 CompUSA annual report below. You can navigate through the pages in the report by either clicking on the pages listed below, or by using the keyword search tool below to find specific information within the annual report.

Page out of 125

  • 1
  • 2
  • 3
  • 4
  • 5
  • 6
  • 7
  • 8
  • 9
  • 10
  • 11
  • 12
  • 13
  • 14
  • 15
  • 16
  • 17
  • 18
  • 19
  • 20
  • 21
  • 22
  • 23
  • 24
  • 25
  • 26
  • 27
  • 28
  • 29
  • 30
  • 31
  • 32
  • 33
  • 34
  • 35
  • 36
  • 37
  • 38
  • 39
  • 40
  • 41
  • 42
  • 43
  • 44
  • 45
  • 46
  • 47
  • 48
  • 49
  • 50
  • 51
  • 52
  • 53
  • 54
  • 55
  • 56
  • 57
  • 58
  • 59
  • 60
  • 61
  • 62
  • 63
  • 64
  • 65
  • 66
  • 67
  • 68
  • 69
  • 70
  • 71
  • 72
  • 73
  • 74
  • 75
  • 76
  • 77
  • 78
  • 79
  • 80
  • 81
  • 82
  • 83
  • 84
  • 85
  • 86
  • 87
  • 88
  • 89
  • 90
  • 91
  • 92
  • 93
  • 94
  • 95
  • 96
  • 97
  • 98
  • 99
  • 100
  • 101
  • 102
  • 103
  • 104
  • 105
  • 106
  • 107
  • 108
  • 109
  • 110
  • 111
  • 112
  • 113
  • 114
  • 115
  • 116
  • 117
  • 118
  • 119
  • 120
  • 121
  • 122
  • 123
  • 124
  • 125

"Restricted Customer"
any firm, company or person who, during the 24 months before Termination, w
customer or prospective customer of or was in the habit of dealing with the Compa
any Group Company with whom the Employee had contact or about whom he be
aware or informed in the course of his employment.
"Restricted Person"
anyone employed or engaged by the Company or any Group Company and with w
the Employee dealt with in the 24 months before Termination in the course o
employment.
"Company Handbook"
the staff handbook of the Company as amended from time to time.
"Subsidiary and Holding Company"
mean a "subsidiary" and "holding company" as defined in section 1159 of the Comp
Act 2006 and a company shall be treated, for the purposes only of the membe
requirement contained in subsections 1159(1)(b) and (c) as a member of another com
even if its shares in that other company are registered in the name of (a) another p
(or its nominee), whether by way of security or in connection with the taking of sec
or (b) a nominee.
"Termination"
the termination of the employment of the Employee with the Company however caus
1.2
The headings in this agreement are inserted for convenience only and shall not affect its construction.
1.3
A reference to a particular law is a reference to it as it is in force for the time being taking account of any amendment, extension, or
re
-
enactment and includes any subordinate legislation for the time being in force made under it.
1.4
Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.
1.5
Unless the context otherwise requires, words in the singular include the plural and in the plural include the singular.
1.6
The schedules to this agreement form part of (and are incorporated into) this agreement.
2
Term of appointment
2.1
The Appointment shall be deemed to have commenced on the Commencement Date and shall continue, subject to the remaining
terms of this agreement, until terminated by either party giving the other not less than twelve calendar months prior notice, such
notice must be given by the Employee in writing.
2.2
The first three months of the Appointment shall be a probationary period and the Appointment may be terminated during this period
at any time on one month's prior written notice. The Company may, at its discretion, extend the probationary period for up to a
further one month.
2.3
The Employee agrees that during the probationary period the Company may carry out relevant employment related checks on him in
order to determine his suitability for the position. During the probationary period the Employee's performance and suitability for
continued employment will also be monitored. The Employee will be informed in writing if he has successfully completed the
probationary period. Unless such written confirmation is received by the Employee, the probationary period will be automatically
extended.