1 CH 7 - Staff Management (Performance Mgmnt/Disciplinary Process) Flashcards
Who does the NZP Code of Conduct apply to?
Anyone who is employed or engaged by NZP, regardless of position or rank held.(permanent, temporary, contractor, consultants)
What is the SELF-test?
- Scrutiny
- Ensure Compliance -does your decision or behaviour comply with the Code and other Police policy, general instructions and procedural expectations?
- Lawful
- Fair
What factors must be considered when considering if a behaviour/decision has breached the Code of Conduct? CIPAPTS
- 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
What is serious misconduct?
“Behaviour/Actions that…..”
BPATQ
- 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.
Is Performance management a disciplinary process?
Can perfomance management become a disciplinary matter?
- No
- Yes but only where an employee has been unable or unwilling to satisfactorily improve following a Performance Improvement Plan
Performance Management: When having an ‘informal discussion,’ how should this be done?
- PLNALFW
- 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?
What should you do before a ‘PERFORMANCE MEETING’ with a staff member?
MLFHCS
- 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)
What are the five parts you should go through during a ‘Performance Meeting’ with a staff member?
IPRPR
- Introduction
- Provide Information
- Opportunity to respond
- Problem solving
- Record
What ten things should a Performance Improvement Plan contain?
PMRSF HRPS CS
- 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
What must Police, employees and their representatives do in ‘Good Faith’ when engaging with each other? (3)
ORR
- engage openly honestly and respectfully
- responsive and communicative
- Maintaining a relationship - active and constructively
When should an employment investigation be undertaken?
Only when there is a good reason to do so.
If undergoing an employment disciplinary process, when should an employee be put on restricted duties, suspended or stood down?
RA
- Risk in allowing them to continue current duties necessary and
- Appropriate to remove employee (seek HR advice before doing this)
What are the nine steps of the ‘Disciplinary Process Guidelines?’
ACI RAIM DO
- 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
What are the five considerations when doing an initial assessment of a potential DISCIPLINARY MATTER?
SNBIN
- Any substance/need more information?
- Speak/notify employee?
- Breach? (CoC, policy, employment agreement)
- What information available for consideration?
- appropriate next steps?
When ‘Categorising’ a disciplinary matter, what four types of matters are considered?
ICIT
- Internally identified
- Complaints causing concern
- IPCA s.13 (Notifiable incidents)
- Significant traffic matters
Disciplinary Process: What are the four possible outcomes of the ‘Categorisation’ part of the process?
NPEC
- No further action
- Performance Management
- Employment Investigation
- Criminal Investigation
When a matter leads to both an employment Investigation and a criminal investigation, when can the employment investigation begin?
Aspects of the employment investigation which do not raise issues of ‘self-incrimination’ may proceed where possible.
What four risks need to be considered when considering to impose restricted duties or suspend or stand down an employee during an investigation?
HING
- Health & safety risk
- Interfere with Investigation risk
- Interfere with normal police operations
- Gravity of alleged conduct (Public Interest)
What is the difference between an employment Investigation and a criminal Investigation when it comes to:
- participation by the employee
- disclosure to the employee
- time to consider before commenting
- what standard of proof test?
Employment Investigation:
- expectation to participate in good faith
- relevant info to be disclosed
- allowed time before commenting
- balance of probability
Criminal Investigation:
- no requirement to participate
- don’t necessarily disclose info
- don’t need to give time to comment
- beyond resonable doubt
Before an investigation meeting with an employee, what four things should you ensure about the employee?
SACR
- sufficient notice
- aware of allegations & concerns
- copies of relevant info
- representation/support
After an investigation, who can make the decision to:
- Give Warning
- Dismissal
- Warning = District Commander or National Manager (may delegate to Inspector or equivalent).
- Dismissal = District Commander or General Manager: Training, National Manager Comms, Assistant Commissioner or above (all in consultation with HR)
Can an employment investigation be held in abeyance?
EFCB
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
What happens when an employment Investigation is concluded prior to the outcome of a Criminal Investigation?
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
