2 & 3 Staff Management 1 & 2 Flashcards
Who does the Code of Conduct apply to?
ANYONE who is EMPLOYED by Police.
Inc: permanent, temporary and casual employees Contractors Consultants Volunteers
When does the Code of Conduct apply?
24/7 - applies to what we do outside of working hours where our actions may bring Police into disrepute or may damage trust and confidence Police as our employer has in us
What is the SELF test?
As yourself these 4 questions when making a decision…
- Would it withstand SCRUTINY
- Is it in line with our ETHICS
- Is the decision LAWFUL
- Is the decision FAIR to ALL
Consider the impact of our behaviour on the Police at all times
What is a conflict of interest?
A situation where our personal or professional interests may conflict with out position, obligation or responsibilities as a Police employee
What happens if there is an allegation that your behaviour has fallen short of the required standard set out in the Code of Conduct?
Police will talk to you and determine the circumstances and actions that have lead to the situation.
If you are found to have breached the Code of Conduct you may face disciplinary action which could include termination .
The final outcome depends on the seriousness of the situation
In considering if a behaviour or decision is a breach of the COC and how serious it is - what is considered???
- Nature and circumstances
- Intent - did you knowingly make decisions or act out of line…
- Your position, duties and responsibilities
- Your ability to fulfil your duties and responsibilities
- The IMPACT on the organisation and relationships
- Impact on the trust and confidence the Police have in YOU
- How similar behaviour has been dealt with in the past
How can misconduct be categorised?
Misconduct - Behaviour or actions that breach the COC OR any other Police Policy. May not justify dismissal but can result in formal disciplinary action
eg - treating a person harshly, using abusive or offensive language, misuse of Police internet or email systems, failing to declare a conflict of interest
Serious Misconduct - Behaviour or actions that breach the COC OR any other Police Policy and employment agreements and SERIOUSLY UNDERMINE or DAMAGE the trust and confidence the Police has in YOU, calling into question whether the relationship can continue.
eg - being convicted or pleading guilty to an offence, corruption, sexual misconduct, bullying or harasser, repeated misconduct, excessive unjustified force
Who can apply for FEO?
Any Police employee
Police Exec have set the default to YES, this means the initial starting point is yes and the manager and the applicant will work together to find a way to make it work
Why is working flexibly important to Police?
Working flexibly can make a positive difference to our work.
Working in a way that suits lifestyle and commitments mean ppl often have greater job satisfaction, resulting in higher levels of engagement and productivity.
It enables high performance, attracts and retains top talent
Does FEO mean part time?
It includes any NON USUAL working arrangement including change of hours or days working and working from alternative locations…
Flexi time - allows an employee to work a set number of hours a week that can be varied from week to week
Part time -
Condensed Hours - working full time but condensing those hours into shorter weeks, ie 10 hour days
What is your responsibility as a leader with regard to FEO?
Promote it within your team - put it on the agenda at leadership discussions, talk about it with your teams,
Educate your staff - help others understand it
Advocate - consider opportunities to promote FEO
If you receive an applicaiton for FEO what do you have to do and is their a time frame for this?
As a manager you have a DUTY to consider ANY FEO request
You MUST respond within ONE MONTH of receiving the application
‘how can we make this work’
Who can decline an FEO applicaiton?
Only the District Commander or National Manager can decline an FEO application.
A manager can approve or recommend that it is NOT supported.
If all options have been exhausted and a workable solution cannot be found the application MUST then be reviewed by the district commander or national manager
What is performance management?
Its about SEEKING IMPROVEMENT THROUGH DIALOGUE AND PROVIDING SUPPORT TO ENABLE THE EMPLOYEE TO PERFORM SATISFACTORILY.
It is NOT a DISCIPLINARY PROCESS
When would you go from a performance management process to a disciplinary process?
If after seeking improvement through dialogue and providing support to enable the employee to perform satisfactory and they are UNWILLING or UNABLE to SATISFACTORY improve would you start a disciplinary process
When should performance issues be addressed with an employee?
They must be addressed AS SOON AS POSSIBLE after they have been identified
What is the objective of an INFORMAL DISCUSSION with a employee?
To encourage dialogue and try and identify if there are any underlying issues that are contributing to the performance issues.
Your role is to ENCOURAGE, SUPPORT and try to HELP the employee to improve
Its also important to prove the employee with REAL OPPORTUNITY to explain and talk about the issues and their causes.
Talk, Encourage, Support
What should you do if an employees performance has not improved despite an INFORMAL discussion.
A more formal meeting might be appropriate, ie a PERFORMANCE MEETING.
ID the MINIMUM standards and give examples of how their performance falls short
Send a letter inviting them to a performance meeting
Advise they can bring a support person
Set up a performance management file
Discuss with HR
Give them an opportunity to respond and explain
Explain performance management process
If a PIP is necessary go through the form
Record keeping and provide copies to employee
If no PIP put in place continue to monitor employees performance, if their continues to be no imporvement a further meeting may be required to put a PIP in place
What is the objective of a PIP?
For the performance to be improved.
A PIP sets out the requirements and expectations of both parties.
To be successful a PIP MUST be agreed to by both parties
A PIP should be measurable, realistic and have an achievable time line
If an employee is on a PIP and NEW MATTERS arise, what should you do?
Another performance meeting will need to be convened and the PIP revised
What should you do at the completion of a PIP where the performance HAS improved?
If the employee has reached the required standard they should be informed of this and that there is no longer a need to continue the PIP. Confirm end date in writing and confirm this in writing to the employee
Performance monitoring can continue on a more informal basis, further training support etc provided to ensure the required level of performance is MAINTAINED
What should you do at the completion of a PIP where the performance HAS NOT improved?
Consider revising the PIP
May be appropriate for the matter to go directly to the progressive disciplinary process
Invite the employee to a disciplinary meeting
At this stage someone from HR or Local Employment Resolution Team MUST be involved
WHO can do the initial assessment of a complaint to see if it requires further investigation?
An APPROPRIATE manager with guidance from HR
A disciplinary process has NOT been commenced at this stage so it is CRITICAL the matter is handled sensitively and kept to a need to know basis
If after an INITIAL ASSESSMENT of complaint by an appropriate manger it is found that there are concerns - what happens next?
It should be determined if it is a performance matter, a potential breach of COC or a criminal matter.
The matter is referred to the appropriate manager, HR rep and Prof Conduct team.
Prof Conduct SHOULD be involved to assess if there is potential criminal offending OR if the allegation has resulted from a complaint against Police
If there has been a complaint against a staff member when would you consider restricting their duties or, suspending or standing them down?
Should only be considered where there is RISK in allowing them to undertake their current duties
ie risk to health and safety of employee and others
risk that employee will interfere with investigation
disrupt Police routines,
the nature or gravity of the alleged conduct may prejudice or potentially damage the reputation of the Police
OR
it is necessary AND appropriate to remove the employee form the work place
Advise from HR MUST be sought prior to taking this step
What happens AFTER the initial investigation into a complaint and MISCONDUCT has been established?
A preliminary decision NEEDS to be reached about what outcome or sanction may apply.
The employee NEEDS to be informed of the preliminary decision AND have the opportunity to comment either in person or in writing.
Following commiseration of the employees comments a final decision on outcome can be made
If misconduct has been established what are the two MAIN outcomes?
warning / final warning OR dismissal
Nothing prevents other appropriate outcomes that are not disciplinary sanctions such a performance management or professional conversations
What TYPES of matters/complaints should be assessed and categorised?
- internally identified matters that may involve a breach of COC
- complaints there are concerns about
- Notifiable incidents
- significant traffic matters
poor performance or one off low level misconduct or mistakes that can be dealt with by the manager are NOT considered
What are the possible outcomes of a breach of COC or a complaint?
No further action - appropriate for low level misconduct
Performance Management - appropriate for low level misconduct
Employment investigation
Criminal investigation
What are the possible outcomes for a criminal or employment investigation?
Warning - final warning
Dismissal
OR Delay in awarding a long service award Revocation of good conduct medal Ineligibility of a CSI Change of duties Removal from specialist squad Demotion
When you are drafting allegations of misconduct employment investigations, what should you clearly outline?
Clearly outline the allegation
Fully inform them of your concerns about their conduct
Explain why, if true, Police would consider it unacceptable
Enable them to properly respond to the allegations
Can employment and criminal investigations run simultaneously and be investigated by the same person?
They can, and should, run simultaneous however they MUST be investigated by separate ppl.
