CH 2 Staff Management 1 Flashcards
1
Q
What must parties do that are in an employment relationship? (2)
A
- must deal with each other in good faith?
- must not do anything to mislead or decieve or likely to mislead or decieve each other
2
Q
Who does the code of conduct apply to and when?
A
- Applies to anyone who is employed or engaged by NZP regardless of rank or position held
- Applies to actions both inside and outside working hour where those actions would bring police into disrepute or damage trust and confidence NZP has in us.
3
Q
What is the SELF test?
A
- Scrutiny: Would behaviour withstand scrutiny of others
- Ensure Compliance: with CoC, Policy, GI’s, expectations
- Lawful: is decision/behaviour lawful
- Fair: is it fair and reasonable
4
Q
What is the definition of a ‘Conflict of Interest?’
(Clue: PP conflict with POR)
A
As situation where our personal or professional interests may conflict with our position, obligations or responsibilities as a Police employee.
5
Q
How do we protect ‘Our Reputation?’
(Clue: P, J, A, D, I, I)
A
- Act professionally
- Good judgement
- Accountability
- Not bring Police into disrepute
- Consider impact of behaviour
- Protect police integrity
6
Q
What do we need to do consistantly with regards to ‘Our Information’ we have access to? (2)
A
- practice good judgement & integrity
- where unsure, seek advice
7
Q
What factors must be considered when considering if a behaviour/decision has breached the CoC?
Clue: Nature..,Intent..,Position..,Ability..,Impact..,Trust..,Past
A
- Nature and circumstances
- Intent -was decision made knowingly
- Position, Duties, Responsibilities
- Ability to fulfil duties/responsibilities
- Impact on NZP and relationships
- Impact on trust & confidence of NZP in member
- How similar behaviour dealt with in past
8
Q
Why does the Code of Conduct exist? (3)
Clue: Standard of Behav, Conduct self in accord with CoC, breach may
A
- describes the standard of behaviour expected of all police employees
- every employee must conduct themselves in accordance with CoC
- breach of COC may lead to disciplinary action
9
Q
Misconduct and serious misconduct can apply to behaviour that has occurred _______ __ ____.
(finish the sentence)
A
…outside of work.
10
Q
What is misconduct?
A
Behaviour or actions that breach the CoC or other police policies. (may not justify dismissal could result in formal disaplinary action)
11
Q
What is ‘Serious Misconduct?’
Clue B and A…
A
- Behaviour or actions that breach the CoC or other police policies and employment agreements
and
- Seriously undermine or damages the Trust & Confidence the police have in you
- …calling into question if the relationship can continue*
12
Q
What is ‘Performance Management?’
Clue: “PM is about seeking…”
A
PM is about seeking improvement through dialogue and support to enable the employee to perform satisfactorily
(It is not a disaplinary process!)
13
Q
- Is Performance management a disciplinary process?
- Can perfomance management become a disciplinary matter?
A
- No
- Yes but only where an employee has be unable or unwilling to satisfactorily improve following a Performance Improvement Plan
14
Q
Performance Management
When having an ‘informal discussion,’ how should this be done? (7)
Clue: #1 Talk in private…
A
- Talk in private
- listen to employee
- dont become formal disciplinarty action
- reach agreement where possible
- Send letter of discussion
- Arrange follow-up meeting
- Wellness services?
15
Q
What should you do before a ‘Performance Meeting’ with a staff member?
Clue: IDMS, IL, F, HR, CL, S
A
- Identify minimum standard & shortfall (keep discussion on shortfall)
- Invitation letter
- Set up PM File (Separate to PA file)
- Discuss with HRM (about options)
- Discussion checklist
- arrange support person (where required)
16
Q
What are the five parts you should go through during a ‘Performance Meeting’ with a staff member?
Clue: I,PI,OR,PS,RK
A
- Introduction
- Provide Information
- Opportunity to respond
- Problem solving (support, training, assistance, PIP)
- Record Keeping (notes signed by both)
17
Q
What ten things should a Performance Improvement Plan contain? (10)
Clue: PI,MAS,RS,SR,F,RP,PM,SD,CP,S
A
- Performance to be improved
- Minimum acceptable standard
- Remedial steps
- support and resources
- Feedback: How & when
- Review Period
- Progress meeting dates
- Start Date of PIP
- Consequences possible
- Signatures
18
Q
What are the four steps for Performance Management?
Clue ID, PM, PIP, CP
A
- Informal discussion
- The Performance meeting
- The Performance Improvement Plan
- Completion of PIP-required standard reached
19
Q
What must Police, employees and their representatives do in ‘Good Faith’ when engaging with each other? (3)
Clue: OHR,RC,AC
A
- engage openly honestly and respectfully
- responsive and communicative
- active and constructive (maintaining relationship)
20
Q
How must police conduct a disciplinary process? (10)
Clue: fair, reason, notify, details, advise,reponse, consider, notify, outcomes, ensure
A
- fairly and reasonably
- only when good reason to
- notify employee(s)-unless exceptional circumstances
- Provide details of specific allegations
- advise rights
- reasonable opportunity to respond
- consider explanation
- notify of outcome
- outcomes are proportionate
- ensure privacy
21
Q
If undergoing an employment diciplinary process, when should an employee be put on restricted duties, suspended or stood down? (2)
A
- There is risk in allowing them to continue current duties
- necessary and appropriate to remove employee
(seek HR adivce before doing this)
22
Q
What are the nine steps for the ‘Disciplinary Process Guidelines?’ (9)
Clue: IA,C,C&EI,RD,DA,IS,I&IM,D,O
A
- Initial Assessment
- Categorisation -HR, Professional Conduct team
- Criminal & Employment investigations (how/when)
- Ristricted duties, suspension, stand down
- Drafting Allegations -disclosure
- Investigation-Initial steps
- Investigation & Investigation meeting
- Making decision
- Outcomes
23
Q
What are the five considerations when doing an initial assessment for a potenital disciplinary matter? (5)
Clue: S,S,B,IC,NS
A
- Any substance/need more infomation
- Speak/notify employee? (or others)
- Breach? (CoC, policy, employment agreement)
- What info available for consideration?
- appropriate next steps?
24
Q
What are the three possible pathways to come out of the ‘Initial Assessment?’
A
- No conduct or performance concerns
- Potential misconduct/serious misconduct
- Performance issue
25
What is the role of those catagorising a potential disciplinary matter? (3)
Clue: review, determined, detail
* Review all information
* Determined if investigation needed (may be ready to go straight to disciplinary meeting)
* Detail clear allegations
26
When 'Categorising' a disciplinary matter, what _four_ types of matters are considered?
## Footnote
*Clue: #1. Internally Identified,C,I,TM*
**Internally** identified
**Complaints** causing concern
**IPCA** s.13 (Notificable incidents)
Significant **traffic matters**
27
_Disciplinary Process_
What are the _four_ possible outcomes of the 'Categorisation' part of the process?
*Clue: N,PM,EI,CI*
* No further action
* Performance Management
* Employment Invesitgation
* Criminal Investigation
28
_Discipline Process_
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.
29
_Disciplinary Process_
What _four_ risks need to be considered when considering to impose restricted duties or suspend or stand down an employee during an investigation?
Clue: H,I,I,G
* **Health** & safety risk (self/others)
* **Interfer** with **Investigation** risk
* **Interfer** with **normal** police operations/police routine
* **gravity** of alledged conduct (Public Interest)
30
What is the difference between an employment Investigation and a criminal Investigation when it comes to:
* participation by employee
* disclosure to employee
* time to consider before commenting
* what standard of proof test?
**Employment Investigation:**
* expectation to participate in good faith
* relevant info to be disclosed
* allow time before commenting
* balance of probability
**Criminal Investigation**
* no requirement to participate
* don't necessarily disclose info
* dont need to give time to comment
* beyond resonable doubt
31
Before an investigation meeting with an employee, what _six_ things should you ensure have occurred?
## Footnote
*Clue: N,A,C,R, R, BR*
* sufficient **notice**
* **aware** of allegations & concerns
* **copies** of relevant info
* **representation**/support
* If has **Rep**, communicate via them
* **Book** room
32
_Disciplinary Process_
Making the decision: After an investigation, who can make the decision to:
* Give Disciplinary Warning
* Dismissal
**Warning**:
DC or NM (may delegate to Inspector or equivalent.)
**Dismissal**:
DC or GM: Training, NM Comms, Assist Commissioner or above
*(all in consultation with respective manager & HR)*
33
Drafting Allegations: Clearly outlining the allegation to the emnployee is critical to: ... (3)
Clue: inform..., explain..., allow...
* fully **inform** them of **concerns** about their conduct
* **explain** why, if true, police would consider conduct **unexceptable**
* allow them to properly **respond** to allegation
34
What are the _seven_ points when considering who should be the investigator of a disciplinary matter?
Clue: O, M, S, S, E, D, S
* Someone **objective**...not involved. (Conflicts?)
* employee's manager in **most** situations
* serious/sexual nature, more **senior** manager
* specific **skills** or knowledge needed?
* **External** investigator where additional independance needed
* **DC** or NM can decide with advice from HR
* Criminal investigation needs **separate** investigator
35
During a meeting with an employee, what _six_ things should you ensure about the employee?
## Footnote
*Clue: A, DR, B, HU, Q, E*
* Confirm **aware** of allegations & concerns
* **digitally** record, everone aware
* Take **breaks** (stressfull)
* Be **honest** and upfront
* Open ended **questions**
* What other **enquiries**?
36
What are the _two_ levels of warnings and when could they be appropriate to use?
* **Warning:** generally for misconduct
* **Final Warning:** generally for serious misconduct or where previous warnings have been issued
(one step away from dismissal)
37
When considering dismissalas an option, what examples may indicate that police no longer have trust & confidence in the employee? (3)
Clue MFW, SM, PI
* misconduct when on final warning
* serious misconduct warranting dismissal
* repeat performance issues after performance process
38
What does the 'Employment Relationship Problem Policy' detail? (2)
Clue: POR, GE
* processes, obligaitons and responsibilities of commissioner and employees
* comissioner's commitment to act as a **'good employer'**
39
What does the 'Employment Relationship Problem Policy' _NOT_ apply? (3)
Clue: IC, RP, HRA
* Independant contractors
* has other review or resolution process
* claim under Human Rights act
40
What _four_ principles apply to all employment relationship problems?
Clue: Good faith, DI ,R, PR
* Both act in **'Good Faith'**
* **Dialogue** & exhange relevant **info** (consider mediation)
* Employee's righ to **representation**
* Primary parites initially **responsible** for resolution
*unless*
1. relate to action/inaction of supervisor
2. other reason that requires more senior person
41
What is a dispute?
Clue: "a dispute about the....."
-a dispute about the interpretation, application or operation of an employment agreement
42
What is an 'Employment Relationship Problem?
Clue: "a PG, D or OP ....."
-a **personal grieviance, dispute or other problem** relating to or arising out of an **employment relationship**
43
Good faith behaviour includes what _seven_ things?
Clue:
* provide..,
* not...,
* listen,
* consider...,
* be...,
* take...,
* limit...
* providing information
* not misleading or decieving
* listeneing to points of view
* consider matters raised (change position?)
* be repectful and constructive
* take steps to resolve and in timely manner
* limit to only those involved
44
What is the definition of a 'Personal Grieviance?'
Clue: "...employee has been:" (5) DDDHD
A claim that the employee has been:
* unjustifiably **dismissed**
* subject to **disadvantaged**
* **discriminated** against
* sexually/racially **harassed**
* subject to **duress** (union or not?)
45
What are the _five_ steps in the process of resolving employment relationship problems?
Clue: RP, D *if not resoved:* PG, M, FP
* employee **raises** problem with manager
* parties **engage** informal dialogue (good faith)
*if not resoved may:*
* may take to another **manager** or raise **PG**
* either may refer to **mediation**
* may seek more **formal process** (ERA, HR Commission)
46
How does an employee raise an Employment Relationship Problem?
-either in verbally or in writing
## Footnote
*(can use Notification of ERP as a guide)*
47
When _must_ a Personal grievence be raised?
within **90-days**
* from the '**action'** causing PG
or
* from the time the employee became **aware** of it
* (which ever is later)*
48
Who needs to be notified of the personal Grievence once recieved by the recieving manager? (2)
* a notification and details to be sent to EPM/HRM
* EPM/HRM must then send copy to Employment Relations-PNHQ with memo of outlining situation
49
How is it anticipated that most Employment Relationship problems and PG's are resoved?
Though an informal discussion
50
What must the receiving manager do before meeting with an employee who has raises a PG in the first instance?
-they must liase with the EPM/HRM for advice and assistance *_before_* meeting with employee
51
When meeting with the employee (asap), what is the informal dicussion designed to identify? (4)
## Footnote
*Clue: nature, aspects, responses, timeframes*
* **nature** of problem
* **aspect** that can be resolve immediately
* **responses** from recieving manager (proposals for managing or resolving)
* **Timeframes** to respond if time required
52
If an employment relationship problem cant be resolved to the satisfaction of an employee, what _four_ things can they decide to do? (4)
## Footnote
*Clue: NFA, Discuss, M, Invoke...*
* No Further action
* discuss with another manager
* mediation
* invoke PG or Human rights complaint
53
What can an employee do if an employment relationship problem has not been resoved by mediation?
Lodge a statment of problem with the **Employment Relations Authority** who may investigate and issue a determination.
54
What does the Discrimination and Harassment Policy Provide (3)
## Footnote
*Clue: Framework, Obligations, Affirms...*
* **Framework** for Commissioner to investigate/address allegations of D and H.
* **Obligations** of Commissioner and employees
* **Affirms** committment of NZP to:
* being a good employer
* eliminate D and H from workplace
55
What is the purpose of the Discrimination and Harassment Policy? (2)
## Footnote
*Clue: To promote (2), To provide: (1)*
* To promote:
* **fair** treatment
* **timely** and effective resolution
* To provide:
* **proceedure** to address while promoting obligations under:
* Human Rights Act
* Health and Safety in Employment Act
* Employment Relations Act
56
Who and what does the discrimination and harassment policy apply to? (2)
Clue: any situation..., includes...
* **Any situation** where a person (in workplace) **makes an allegation** of D and/or H.
* includes police employees, volunteers, contractors or other persons who are **engaged** by police or who **provide services** to police
57
When a D and H allegation has been made, what can be used at the outset to try and resolve the matter? (1)
Informal constructive dialogue
58
What does harassment include?
## Footnote
*Clue: any allegations of:...*
Any allegations of:
* sexual harassment,
* racial harassment
* or bullying
*as defined by the policy*
59
What additional rights does an employees have if workplace harassment is to be 'formally' resolved?
Clue: II, H, KI, TI, AO
* have an **impartial** investigator and decsion-maker
* be **heard** (verbally or in writing)
* kept **informed**
* **timely** investigation
* **advised** of the outcome
60
What is the definition of discrimination?
discriminated against (directly or indirectly) on basis of:
* **sex, marital status, religious or ethical beliefs, colour, race, ethnic or national origins, disability, age,political opinion, employment status, family status, sexual orientyation** or by reason of the emoyees involvement in the activities of a service **organisation/union**
61
What is harassment?
## Footnote
*Clue: Behaviour directed towards an employee, volunteer or contractor by any person engage by police that meets ALL these criteria:- (3) and (1)*
* behaviour is not **legitimate**
* is **unwelcome** and **unsolicited**
* considered to be **offensive**, intimidating, humiliating or threatening
AND
* either **repeated** or **significance** that has **detrimental** effect on their employment, performance or job satisfaction
* (It may be a single incident or a course of conduct.)*
62
What is not considered discrimination or harassment? (7)
## Footnote
*Clue: I, WD, P, LC, AP, PL, A*
* issuing reasonable **instructions**
* warning/**disciplining** someone (fair process)
* requiring reasonable standard of **performance**
* **legitimate** criticism (constructive, during PA)
* **affirimative** policies
* **parental leave** provisions
* reasonable accomodation of **aids for disabilities**
63
Under the Professional distance Policy, what _three_ key things are employees expected to do? (3)
*Clue: Maintain..., Manage..., Avoid...*
* maintain **professional distance** from those we deal with in our work
* manage personal relationships where **conflict of interest or imbalance of power** arise. Declare to supervisor.
* avoid **unethical or innapropriate** relationships
64
What is a 'professional relationship?
## Footnote
*Incudes relationships between...? (4)*
A relationship that has **arisen** out of the employees **work duties**. Includes relationship between:
* two police **employees**
* employee and memeber of **public**
* employee and **associate**
* employee and **contractor and others**
65
Why are some professional relationships considered unequal? (3)
## Footnote
*Clue: Disclose, ability, vunerable*
* required to **disclose** personal/private info. Not recipricated
* ability and power held by us to be **decision-maker**
* **vulnerable** person
66
What list of people must you avoid forming personal relationships with, in particular sexual relationships while you are dealing with them in a professional capacity? As these are considered unethical? (7)
## Footnote
*Clue: O, V, WF, I, VP, PC, C*
* Offenders
* Victims
* Witnesses and families
* Informants
* Vulnerable people
* Persons in Custody
* Complainants
67
What are the 'Employee Principles' that employees must adhere to with regards to Acceptable use of Police technology, equipment and Information?
## Footnote
*Clue: Embrace, Responsible, expectation, access, misuse, apply...*
* embrace, support, embrace IMP and A policy
* responsibly use Police tech systems and equipment (personal benefit)
* no expectation of privacy
* Police entitles to acess any data/records
* not misuse Police tech systems and equipment
* apply CoC and SELF test
68
The monitoring and usage reports done on police technology systems and equipment focus on what _three_ things? (3)
## Footnote
*Clue: EI, E, IUA*
* early intervention
* User education
* Increased user awareness
