Capter 2- Staff Management Flashcards
NZ police code of conduct.
Who does the code of conduct apply to and when
Anyone who is employed or engaged with police permanent, temporary, casual,contractors and consultants, volunteers or anyone advised CoC applies to.
In and outside work hours.
How can we be sure our conduct complies with the code?
Consider our values —SELF test Scrutiny—by others Ensure compliance-does it comply with code-values-policy GI Lawful- is behaviour lawful Fair- is it fair and reasonable
What does misconduct and look like?
Misconduct behaviour breach code or policies May not justify dismissal may result in formal disciplinary action—Breach policy,treat person harshly,offensive abrasive language, misuse email systems,personal use of data base, absent late for work, failure to declare conflict interest,misuse or care of police property,not complying with lawful instruction, bringing police into disrepute through action or behaviour.
What is serious misconduct?
Breach code or policy and other employment agreements that may seriously undermine trust confidence police has in you—may be dismissed.—convicted or plead guilt to offence,corruption,bullying/harassment Sexual misconduct,theft or dishonesty of any kind,unauthorised disclosure of any kind, repeated misconduct,false declarations,excessive unjustified violence.
Where an employee continues to perform below the required standard what is the process to follow ?
- Formal verbal warning(also recorded in writing)
- Formal written warning
- Final written warning
- Dismissal
Disciplinary Policy Under the employment relations act what must all parties act under?
Good faith onligations— engage openly , honestly, respectfully
Disciplinary process guidelines should be used in advice from whom?
District /service centre HR or ER employment relation.
Managers have an obligation to deal with disciplinary matters in what manner?
Timely, appropriately, confidentially
What option does an employee have if aggrieved by the outcome of an investigation?
May pursue the matter as an employment relations matter under the employment relations act 2000.
If misconduct is established there are two main outcomes open to the decision maker what are these?
Warning/final warning or Dismissal
In the initial assessment if there is enough information to determine there are concerns in relation to conduct can police go directly to the disciplinary process?
Yes—example misuse data—when there is record of use.
Who should assess the matter with the assistance of HR?
In most circumstance the manager-Unless a potentially serious matter if appropriate a more senior manager.
Or a conflict of interest.
If the matter has been categorised as particularly serious or complex in nature or criminal who should consideration be given to notify
IPCA
What types of complaints (matters) are considered?(4) for categorisation?
- Internal matters that may breach the CoC, policy or values
- Complaints we have concerns about
- Notifiable incidents under sec 13 of the IPCA act or under the memorandum of understanding between IPCA and police
- Significant traffic matters
What is not consider for catorgistation?(2)
- Poor performance
2. One off low level misconduct or mistakes that can be dealt with by the manager,
Before the decision place somebody on restricted duties suspension,and stood down who should be consulted?
HR
When outlining the allegation to an employee it is critical to what? (3)
1;Fully inform them of your concerns about conduct
2;Explain why, if true, Police would find this conduct unacceptable
3;Enable them to properly respond to the allegations
If the matter is also having a criminal investigation can you use the same investigator?
No a seperate one must be allocated to the criminal investigation.
If the employee has indicated they have a representative who should the communication go through?
Representitive
Who makes the decision on sanction?
Disciplinary warning.
Dismissal.
Disciplinary warning—District Commander or National manager and above but may be delegated to inspector level. Decisions are made in consultation with his or her manager and HR.
Dismissal- District commander,general manager training, national manager Coms,Assistant commissioners and above in consultation with HR
If the decision is made to dismiss in most cases a dismissal notice will be served in the most serious cases a summary dismissal may be appropriate if this is the case what is the outcome?
The employee is no longer required to serve out the notice period.
When does the employment relationship problem policy apply?
And when does it not apply?
All employment relationship problems and all police employees.
Independent contractors although can apply where employment relationships problem arises due to actions of the contractor.
Matter has another specific review or resolution process. (Appointment policy)
A matter is the subject of a claim under the human rights act. 1993
When a personal grievance deemed to be raised ?
How long must a personal grievance be raised within?
When enough information is provided to enable police to respond.
Must be raised within 90 days of the action giving rise to the PG occurred or when the employee became aware of it —whichever is the later.
When an employee raises a PG Who must the receiving manager of the PG send it along to with all relevant information?
Local EPM/HRM
When EPM /HRM receive notification who must they forward it to and within what time frame?
Employment relations at PNHQ. ASAP with a memo outlining the situation.
In event of a relationship arises between police employees. Considered unethical/ or inappropriate-unequal-actual or potential conflict of interest they should advise their manager asap once declared what must you do?
Assess wether safeguards can be put in place
