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S/Sgt ECPK June 2018 > 1 CH 7 - Staff Management (Performance Mgmnt/Disciplinary Process) > Flashcards

1 CH 7 - Staff Management (Performance Mgmnt/Disciplinary Process) Flashcards

1
Q

Who does the NZP Code of Conduct apply to?

A

Anyone who is employed or engaged by NZP, regardless of position or rank held.(permanent, temporary, contractor, consultants)

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2
Q

What is the SELF-test?

A
  • Scrutiny
  • Ensure Compliance -does your decision or behaviour comply with the Code and other Police policy, general instructions and procedural expectations?
  • Lawful
  • Fair
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3
Q

What factors must be considered when considering if a behaviour/decision has breached the Code of Conduct? CIPAPTS

A
  • Circumstances and Nature
  • Intent -was decision made knowingly
  • Position, Duties, Responsibilities
  • Ability to fulfil duties/responsibilities
  • Impact on Police and relationships
  • Impact on trust & confidence of NZP in member
  • How similar behaviour dealt with in past
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4
Q

What is serious misconduct?

“Behaviour/Actions that…..”

BPATQ

A
  • ​Breach Code of Conduct
  • Policies
  • breach employment agreement and
  • seriously undermines or damages the trust & confidence police have in the member
  • question if relationship can continue.
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5
Q

Is Performance management a disciplinary process?

Can perfomance management become a disciplinary matter?

A
  • No
  • Yes but only where an employee has been unable or unwilling to satisfactorily improve following a Performance Improvement Plan
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6
Q

Performance Management: When having an ‘informal discussion,’ how should this be done?

  • PLNALFW
A
  • Talk in private
  • listen to employee
  • Not formal disciplinary action
  • reach an agreement where possible
  • Send letter of discussion
  • Arrange follow-up meeting
  • Wellness services?
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7
Q

What should you do before a ‘PERFORMANCE MEETING’ with a staff member?

MLFHCS

A
  • Identify minimum standard & shortfall (keep discussion on shortfall)
  • Invitation letter Set up Performance Meeting
  • Create separate File to normal Performance Appraisal
  • Discuss with Human Resources Manager -options
  • Draw up a checklist for discussion
  • arrange support person (where required)
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8
Q

What are the five parts you should go through during a ‘Performance Meeting’ with a staff member?

IPRPR

A
  • Introduction
  • Provide Information
  • Opportunity to respond
  • Problem solving
  • Record
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9
Q

What ten things should a Performance Improvement Plan contain?

PMRSF HRPS CS

A
  • Performance to be improved
  • Minimum acceptable standard
  • Remedial steps
  • support and resources
  • Feedback
  • How & when
  • Review Period
  • Progress meeting dates
  • Start Date of Performance Improvement Plan
  • Consequences possible
  • Signatures
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10
Q

What must Police, employees and their representatives do in ‘Good Faith’ when engaging with each other? (3)

ORR

A
  • engage openly honestly and respectfully
  • responsive and communicative
  • Maintaining a relationship - active and constructively
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11
Q

When should an employment investigation be undertaken?

A

Only when there is a good reason to do so.

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12
Q

If undergoing an employment disciplinary process, when should an employee be put on restricted duties, suspended or stood down?

RA

A
  • Risk in allowing them to continue current duties necessary and
  • Appropriate to remove employee (seek HR advice before doing this)
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13
Q

What are the nine steps of the ‘Disciplinary Process Guidelines?’

ACI RAIM DO

A
  • Initial Assessment
  • Categorisation
  • Investigations Criminal & Employment (how/when)
  • Restricted duties/suspension/stand down
  • Drafting Allegations -disclosure
  • Investigation-Initial steps
  • Investigation - employee meeting
  • Decision making
  • Outcomes
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14
Q

What are the five considerations when doing an initial assessment of a potential DISCIPLINARY MATTER?

SNBIN

A
  • Any substance/need more information?
  • Speak/notify employee?
  • Breach? (CoC, policy, employment agreement)
  • What information available for consideration?
  • appropriate next steps?
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15
Q

When ‘Categorising’ a disciplinary matter, what four types of matters are considered?

ICIT

A
  • Internally identified
  • Complaints causing concern
  • IPCA s.13 (Notifiable incidents)
  • Significant traffic matters
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16
Q

Disciplinary Process: What are the four possible outcomes of the ‘Categorisation’ part of the process?

NPEC

A
  • No further action
  • Performance Management
  • Employment Investigation
  • Criminal Investigation
17
Q

When a matter leads to both an employment Investigation and a criminal investigation, when can the employment investigation begin?

A

Aspects of the employment investigation which do not raise issues of ‘self-incrimination’ may proceed where possible.

18
Q

What four risks need to be considered when considering to impose restricted duties or suspend or stand down an employee during an investigation?

HING

A
  • Health & safety risk
  • Interfere with Investigation risk
  • Interfere with normal police operations
  • Gravity of alleged conduct (Public Interest)
19
Q

What is the difference between an employment Investigation and a criminal Investigation when it comes to:

  1. participation by the employee
  2. disclosure to the employee
  3. time to consider before commenting
  4. what standard of proof test?
A

Employment Investigation:

  1. expectation to participate in good faith
  2. relevant info to be disclosed
  3. allowed time before commenting
  4. balance of probability

Criminal Investigation:

  1. no requirement to participate
  2. don’t necessarily disclose info
  3. don’t need to give time to comment
  4. beyond resonable doubt
20
Q

Before an investigation meeting with an employee, what four things should you ensure about the employee?

SACR

A
  • sufficient notice
  • aware of allegations & concerns
  • copies of relevant info
  • representation/support
21
Q

After an investigation, who can make the decision to:

  1. Give Warning
  2. Dismissal
A
  1. Warning = District Commander or National Manager (may delegate to Inspector or equivalent).
  2. Dismissal = District Commander or General Manager: Training, National Manager Comms, Assistant Commissioner or above (all in consultation with HR)
22
Q

Can an employment investigation be held in abeyance?

EFCB

A

YES -

  • Employee raise issues relating to the potential prejudice to their defence
  • Must be given full consideration
  • Consult prior National Manager: Professional Conduct and the National Employee Relations Manager
  • Regardless of the criminal outcome Police will, undertake an employment investigation to determine whether Breach of the Code of Conduct
23
Q

What happens when an employment Investigation is concluded prior to the outcome of a Criminal Investigation?

A

Any employment investigation that is not held in abeyance** and is concluded prior to the end of the criminal justice process, **cannot be revisited, regardless of the outcome of the criminal justice process

S/Sgt ECPK June 2018 (19 decks)

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