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S/Sgt CPK 2023 - email ATCV36 for access > 7.1 Staff Management > Flashcards

7.1 Staff Management Flashcards

1
Q

Who does the Code of Conduct (CoC) apply to?

A

Everyone employed or engaged by NZP. Incl permanent, temporary, casual, contractors, consultants, volunteers and others who have been advised the code applies to.

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2
Q

Does CoC apply outside working hours?

A

Yes

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3
Q

When does CoC apply outside of work hours?

A

When our actions bring NZP into disrepute or damage Trust & Confidence police has in employee

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4
Q

Describe “Conflict of Interest”

A

Where our personal or professional interests conflict with our position, obligations or responsibilities

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5
Q

What is considered if a breach of CoC is reported? (7)

A
  • NATURE/circumstances
  • INTENT (knowingly act etc)
  • POSITION/duties
  • ABILITY to fulfill duties at the time
  • IMPACT on organisation and relationships
  • impact on TRUST & confidence police has on you
  • past OUTCOMES for similar behaviour

N.I.P.A.I.T.O

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6
Q

What is misconduct?
Examples (10)

A

A breach of CoC or policy:
1. breach policies, procedures
2. treat someone harshly
3. abusive, offensive language
4. misuse police internet or email
5. use police database for unauthorised personal use
6. absent, late from/to work without proper reason
7. fails to declare conflict of interest
8. misuse, neglect police property
9. not complying with lawful & reasonable instruction without good/sufficient reason
10. bring police into disrepute through actions or behaviour

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7
Q

What is serious misconduct?
Examples (9)

A

Breaching CoC or policy or employment agreements that seriously undermine or damage trust and confidence. “It is behaviour or actions that may justify dismissal”

  1. convicted of or pleading guilty to an offence
  2. corruption
  3. bullying or harassment
  4. sexual misconduct
  5. theft/dishonesty of any kind
  6. unauthorised access, disclosure of info or matter related to police business including NIA
  7. repeated misconduct (including breach of warning)
  8. knowingly makes false statement or declaration including incorrectly recording data
  9. excessive unjustified violence
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8
Q

Who can work FEO?

A

Any employee can apply

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9
Q

What are the benefits of FEO? (4)

A
  • enabling high performance
  • attracting and retaining top talent
  • accessing broader talent pool
  • increased productivity
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10
Q

How do I lead FEO in police?

A

ACRE
- Advocate
- Challenge
- Role model
- Educate

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11
Q

The Employee Relations Act has a timeframe for responding to FEO requests. What is it?

A

One month

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12
Q

Who can decline an FEO request?

A

DC or NM

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13
Q

Is performance management a disciplinary process?

A

No

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14
Q

When should performance issues be addressed?

A

ASAP after it is identified

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15
Q

What are the four steps in performance management?

A
  1. Informal meeting
  2. Performance meeting
  3. Implement Performance Improvement Plan (PIP)
  4. Completion of PIP - required standard required
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16
Q

What is the objective of informal discussion?

A

Encourage dialogue and identify underlying causes contributing to performance issues

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17
Q

What is your role in an informal discussion?

A

Encourage, support, and try help the employee to improve

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18
Q

How should an informal discussion take place? (7)

A
  1. In private informal two way. Support person welcome to attend
  2. Listen to their view (it may be evident there is no issue)
  3. Careful it doesn’t turn into disciplinary (may unintentionally deny rights ie support person)
  4. Reach agreement on way forward where possible, including reasonable period to achieve behaviour sought
  5. Send letter recording discussion
  6. Follow up meeting time to assess progress
  7. Consider welfare referrals
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19
Q

Prior to the performance meeting, what should you do? (6)

A
  • identify minimum standard required and how falls short
  • send invitation letter to performance meeting
  • create performance management file
  • discuss with HR and consider remedies for performance concerns
  • write a checklist of items to be discussed
  • ascertain contacts for support
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20
Q

What should the PIP explain?

A

Requirements & expectations (of both parties)

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21
Q

List the requirements of a PIP (10)

A
  1. List performance to be improved, cite examples and include aim
  2. Minimum standard required, reference CoC, position descriptions
  3. Remedial steps with measurable, realistic and achievable timeframes
  4. What police will provide (support, resources). Note if they want to source own help
  5. Feedback (how and when will occur)
  6. Review periods including with whom and how often
  7. Dates for progress meetings where performance will be re-evaluated
  8. Start date of PIP
  9. Consequences of not meeting standards
  10. Signatures
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22
Q

List the four responsibilities once PIP implemented

A
  1. ensure agreed assistance is provided
  2. diary meetings at the interval agreed and make progress notes
  3. monitor progress and provide feedback
  4. if new issues arise, a new PIP is required
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23
Q

What should happen at completion of the PIP?

A

The end date confirmed in writing on the PIP, letter sent to employee confirmed this, and place copy of PIP and any letters sent on employees file

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24
Q

What happens if the PIP is not achieved?

A

Consider revising PIP. But some circumstances require progressive disciplinary process. Ensure HR or ER involved

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25
Q

What does the new piloted disciplinary process aim to embed (2)

A
  • a trusted disciplinary process that supported the wellness and safety of our people
  • an approach that is fair and consistent, responsive, transparent and aligns with our good faith obligations
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26
Q

What is the purpose of the disciplinary process?

A

Ensure breaches of CoC are managed and dealt with fairly and in good faith with a view to improve conduct

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27
Q

While acting in good faith employees, their representatives and Police must?

A
  • ENGAGE openly, honestly, respectfully.
  • RESPONSIVE and communicative
  • be ACTIVE in maintaining a productive employment relationship
28
Q

How will police act under the new piloted disciplinary process? (10)

A
  1. Fairly and reasonably
  2. Employment investigation only when good reason
  3. Notify employee when investigated (unless not appropriate)
  4. Provide specific allegations for response
  5. Advise of right for representation
  6. Reasonable opportunity to respond
  7. Consider explanation in unbiased manner, free from predetermination, uninfluenced from irrelevant considerations
  8. Notify employee of outcomes
  9. Ensure outcome proportionate to nature and seriousness of offending
  10. Privacy and confidentiality of investigation maintained
29
Q

Disciplinary process. Initial assessment. Who assesses the matter?

A

Manager with guidance of HR. Senior manager, HR and ER in potentially serious cases.

30
Q

Disciplinary process. Initial assessment. What to consider (5)

A
  1. Is there substance or is more info needed
  2. Is it necessary to speak to employee or others to determine next step
  3. Is it breach of CoC, policy, employment agreement
  4. What info is available for consideration
  5. Appropriate next step
31
Q

What if matter assessed as no conduct or performance issues?

A

NFA. If employee already aware of matter, notify in writing

32
Q

What if matter assessed as potential misconduct or serious misconduct?

A

Refer to HR for next steps. If criminal aspect, work with Police Professional Conduct (PPC)

33
Q

What if matter assessed as performance issues?

A

Manager manages under performance management. May seek advice from HR.

34
Q

Disciplinary process. Categorisation.

A. What is the purpose of categorisation?

B. Who does it?

A

A. to determine whether allegations should be addressed and if so whether a performance matter, potential breach of CoC or criminal matter.

B. generally manager and HR

35
Q

What types of matters are considered for categorising during disciplinary process? (4)

A
  1. Internally identified (breach of CoC or criminal offending)
  2. Complaints we’re concerned about
  3. Notifiable incidents per s13 IPCA Act or MOU
  4. Significant traffic matters
36
Q

What is not considered in categorisation of disciplinary matters?

A
  1. Poor performance
  2. One off low level misconduct or mistakes
37
Q

Types of outcomes of categorisation in disciplinary process? (4)

A
  • NFA
  • Performance management
  • Employment investigation
  • Criminal investigation
38
Q

Criminal and employment investigations.

What must occur if a possible misconduct is also identified during a criminal investigation? (2)

A
  1. A seperate employment investigation with a different investigator deals with the other matter
  2. Only proceed with aspects of the employment investigation that do not raise issues of self incrimination until the criminal investigation is complete
39
Q

Who must you obtain advice from before a decision is made to place an employer on restricted duties, suspension and who else do you need to obtain the approval of?

A

Seek advice from HR and you also need the approval of DC/Director level

40
Q

Restricted duties, suspension or standdown may be appropriate while employee is under investigation to mitigate risks from employee remaining in workplace. What might these risks be? (4)

A
  • H&S of employee or others
  • Interfere with investigation
  • Interfere with police operations or routines
  • nature and gravity of conduct prejudice public interest or damage reputation of police
41
Q

What is the purpose of drafting allegations? (3)

A
  • INFORM them of your concerns about their conduct
  • EXPLAIN why conduct is unacceptable
  • ENABLE them to properly respond to allegation

I.E.E

42
Q

What is the purpose of the investigation (3)

A
  • establish and consider facts
  • assess actions are breach of CoC, policies, agreements and values
  • may be determined no further investigation needed (ie enough info to proceed to disciplinary meeting)
43
Q

Who should be the investigator? (7)

A
  1. objective and not involved
  2. often appropriate for employees manager to be investigator
  3. if serious or sexual a more senior manager
  4. if have a choice, consider someone with specific skills or knowledge that would be useful
  5. external investigator if complex, sensitive, additional independance
  6. DC or NM with advice from HR can determine best investigator
  7. if subject to criminal investigation there needs to be a seperate investigator
44
Q

What is the standard of proof for an employment investigation?

A

Balance of probabilities if not criminal investigation

45
Q

Is the standard of proof requirement the same regardless of the seriousness of the breach?

A

No. The more serious the misconduct or the possible consequences, the stronger supporting info and reasoning needs to be

46
Q

Does a criminal investigation participate in good faith?

A

No

47
Q

What are the rules around disclosure with an employment investigation and a criminal investigation

A
  1. Employment investigation info is disclosed and employee has time to consider it.
  2. Criminal investigation don’t necessarily disclose info or give time to consider it.
48
Q

The employment investigation approach is based on?

A

Good faith

49
Q

Prior to an investigation meeting what should you provide the employee? (3)

A
  • ensure that the employee has had SUFFICIENT NOTICE of meeting, aware of allegations, received documentation, and has had the opportunity to bring a support person
  • IF REPRESENTATIVE ENGAGED, then communications via them. They are to support employee, not speak for them
  • ensure appropriate, PRIVATE LOCATION BOOKED and for appropriate timeframe
50
Q

What should you consider during the investigation meeting? (6)

A
  • confirm employee understands allegations
  • obtain consent if you wish to digitally record
  • take breaks when needed
  • honest and upfront if you believe there are indiscrepancies or dishonesty, this provides opportunities for them to make corrections
  • open ended questions to get full understanding. Probing questions to seek clarity
  • check employee to see what other enquiries they believe should be made
51
Q

What should be considered after the investigation meeting? (3)

A
  • review documentation. Ensure everything is captured while fresh in mind.
  • verify notes with interviewee
  • may have to interview employee a 2nd time if new info comes in. Be sure to give employee this info and an opportunity to comment on it
52
Q

If a disciplinary warning is to be issued, who makes this decision?

A

DC or NM. Can be delegated to inspector. In this case decisions made in consultation with their manager and HR

53
Q

Who is the decision maker for a dismissal recommendation?

A

DC/NM or above in consultation with their manager and HR

54
Q

What are the 2 main disciplinary outcomes and 3 outcomes for lower level or no misconduct?

A

Serious matters:
1. Warning and Final warning
2. Dismissal

Lower level:
1. Performance management
2. Professional conversation
3. NFA

55
Q

What is a warning generally for?

A

Misconduct

56
Q

What is a final warning for?

A

For serious misconduct or where previous warnings have been given - a step away from dismissal, a last chance to demonstrate expectations

57
Q

When is dismissal outcome appropriate? (3)

A

When police has no trust and confidence for example:
- further misconduct after a final warning
- serious misconduct warranting dismissal
- repeated performance issues not remedied through performance management leading to disciplinary process

Also need to give consideration to alternatives proposed by employee

58
Q

What is a summary dismissal and when is it warranted?

A

For most serious cases and employee won’t be required to work out their notice period.

59
Q

What is ‘Kia Tu’ Unacceptable Behaviour policy?

What is its purpose? (7)

A

‘Standing for what is right’
- enable anyone to speak up confidentially and resolve harmful behaviour
- provide guidance on how to identify unacceptable behaviour, address and resolve it, and how to access support
- shared understanding on what is not acceptable
- explain process for raising concerns about unacceptable behavious
- outline type of support available for everyone
- explain our restorative approach to resolve behaviour, repair harm, rebuild trust, and restore relationships
- define our roles and responsibilities to maintain a safe, inclusive workplace and high performance culture

60
Q

What are the five Kia Tu principles?

A
  1. PEOPLE CENTRIC - our people at centre
  2. ACCOUNTABLE - for behaviour and short falls will be addressed
  3. RESPONSIVE - quickly and proportionately to behaviour
  4. TRUSTED - trust each other and processes
  5. SAFE - safe healthy work environment where people can be self and thrive

P.A.R.T.S

61
Q

What is unacceptable behaviour

A

People experiencing harm due to another persons behaviour at work. Not only physical harm but serious emotional distress.

Includes:
- bullying
- cyberbullying
- discrimination
- harassment
- sexual harassment
- racial harassment
- indecent assault
- sexual violation

62
Q

What is not unacceptable behaviour

A
  • differences of opinion
  • legitimate leadership action to improve performance
  • isolated incident of abruptness
63
Q

What are the four options of responding to and dealing with unacceptable behaviour?

A
  1. address it YOURSELF (esp low level and one off comments)
  2. address with SUPPORT
  3. address with a MANAGER. If serious, manager with your consent may formally report concern
  4. REPORT it confidentially. 0800 2 KIA TU or online
64
Q

What happens to respondents (4)

A
  • advised of concern
  • ensure provided with appropriate assistance and support
  • explain process and how confidentiality protected
  • provide opportunity to respond in writing and/or through interview
65
Q

What are consequences of making false notifications to Kia Tu

A

Notifiers may be subject to disciplinary process if:
- reported concern is unsubstantiated and determined to be intentionally false.
- employee persists in pursuing an already investigated concern, without providing new info
- notification concerns trivial matters

S/Sgt CPK 2023 - email ATCV36 for access (20 decks)

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