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S/Sgt CPK November 2017 > CH 7 - Staff Management (Performance Mgmnt/Disciplinary Process) > Flashcards

CH 7 - Staff Management (Performance Mgmnt/Disciplinary Process) Flashcards

1
Q

Who does the NZP Code of Conduct apply to?

A

Anyone who is employed or engaged by NZP, regardless of position or rank held.(permanent, temporary, contractor, consultants)

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2
Q

What is the SELF-test?

A
  • Scrutiny
  • Ensure Compliance
  • Lawful
  • Fair
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3
Q

What factors must be considered when considering if a behaviour/decision has breached the CoC? Clue:

  • Nat
  • Int
  • Po-Du-Re
  • Ab
  • Im -NZP
  • Im -Tr
  • Sim
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
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4
Q

What is serious misconduct?

Clue: “Behaviour/Actions that…..”

  • BCC
  • Pol
  • Eag
  • Se Un T&C
  • Qu Rel
A
  • Breach CoC
  • Policies
  • employement agreement and
  • seriously undermines or damages the trust & confidence police have in the member
  • questioning if relationship can continue.
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5
Q

Is Performance management a disciplinary process?

Can perfomance management become a disciplinary matter?

A
  • No
  • Yes but only where an employee has been unable or unwilling to satisfactorily improve following a Performance Improvement Plan
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6
Q

Performance Management: When having an ‘informal discussion,’ how should this be done?

  • T in P
  • List
  • Not D
  • Agree
  • Lett
  • Ag Fo-Up M
  • Well
A
  • Talk in private
  • listen to employee
  • don’t become formal disciplinary action
  • reach an agreement where possible
  • Send letter of discussion
  • Arrange follow-up meeting
  • Wellness services?
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7
Q

What should you do before a ‘PERFORMANCE MEETING’ with a staff member?

Clue:

  • Id Min St
  • Inv Let
  • Fil
  • D HRM
  • Disc Che
  • Ar Sp Per
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)
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8
Q

What are the five parts you should go through during a ‘Performance Meeting’ with a staff member?

Clue:

  • Int
  • Pr Inf
  • Op 2 Re
  • Pr sol
  • Rec Ke

Clue: Think about the steps you would take in sequence, start with introduction….

A
  • Introduction
  • Provide Information
  • Opportunity to respond
  • Problem solving
  • Record Keeping
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9
Q

What ten things should a Performance Improvement Plan contain?

(10)

Longer version but think SMART

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
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10
Q

What must Police, employees and their representatives do in ‘Good Faith’ when engaging with each other? (3)

Clue:

  • O H R
  • Res & Com
  • Maint
A
  • engage openly honestly and respectfully
  • responsive and communicative
  • Maintaining a relationship - active and constructively
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11
Q

When should an employment investigation be undertaken?

A

Only when there is a good reason to do so.

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12
Q

If undergoing an employment disciplinary process, when should an employee be put on restricted duties, suspended or stood down?

Clue:

  • Ri
  • Appr 2 Rem Emp
A
  • Risk in allowing them to continue current duties necessary and
  • Appropriate to remove employee (seek HR advice before doing this)
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13
Q

What are the nine steps of the ‘Disciplinary Process Guidelines?’ Clue:

  • I A
  • Cat
  • C&EI
  • Res Dut/Sus/Sta Dow
  • Dr Al/Disc
  • Inv Ini St
  • inv & Inv M
  • Dec
  • Out
A
  • Initial Assessment
  • Categorisation
  • Criminal & Employment investigations (how/when)
  • Restricted duties/suspension/stand down
  • Drafting Allegations -disclosure
  • Investigation-Initial steps
  • Investigation & Investigation meeting
  • Making decision
  • Outcomes
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14
Q

What are the five considerations when doing an initial assessment of a potential DISCIPLINARY MATTER?

Clue:

  • Any Sub
  • Sp/Not the Empl
  • B of CoC
  • Wh inf Avai
  • App Nex St
A
  • Any substance/need more information
  • Speak/notify employee?
  • Breach? (CoC, policy, employment agreement)
  • What info available for consideration?
  • appropriate next steps?
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15
Q

When ‘Categorising’ a disciplinary matter, what four types of matters are considered?

Clue: #

  • Internally Id
  • Comp C Con
  • IPCA
  • Sig Traf
A
  • Internally identified
  • Complaints causing concern
  • IPCA s.13 (Notifiable incidents)
  • Significant traffic matters
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16
Q

Disciplinary Process: What are the four possible outcomes of the ‘Categorisation’ part of the process?

Clue:

  • N
  • P Man
  • EI
  • CI
A
  • No further action
  • Performance Management
  • Employment Investigation
  • Criminal Investigation
17
Q

Discipline Process: When a matter leads to both an employment Investigation and a criminal investigation, when can the employment investigation begin?

A

Aspects of the employment investigation which do not raise issues of ‘self-incrimination’ may proceed where possible.

18
Q

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 & S Ris
  • Int Inv
  • Int pol Ops
  • Gra
A
  • Health & safety risk
  • Interfere with Investigation risk
  • Interfere with normal police operations/police routine
  • Gravity of alleged conduct (Public Interest)
19
Q

What is the difference between an employment Investigation and a criminal Investigation when it comes to:

  1. participation by the employee
  2. disclosure to the employee
  3. time to consider before commenting
  4. what standard of proof test?
A

Employment Investigation:

  1. expectation to participate in good faith
  2. relevant info to be disclosed
  3. allowed time before commenting
  4. balance of probability Criminal Investigation

Criminal Investigation:

  1. no requirement to participate
  2. don’t necessarily disclose info
  3. don’t need to give time to comment
  4. beyond resonable doubt
20
Q

Before an investigation meeting with an employee, what four things should you ensure about the employee?

Clue:

  • Suf Not
  • Aw of Al
  • Cop of Rel
  • Rep/Sup
A
  • sufficient notice
  • aware of allegations & concerns
  • copies of relevant info
  • representation/support
21
Q

Disciplinary Process Making the decision: After an investigation, who can make the decision to:

  1. Give Disciplinary Warning
  2. Dismissal
A
  1. Warning = DC or NM (may delegate to Inspector or equivalent).
  2. Dismissal = DC or GM: Training, NM Comms, Assist Commissioner or above (all in consultation with HR)
22
Q

Hold employment investigation in abeyance

Can an employment investigation be held in abeyance?

A

YES -

  • Employee raise issues relating to the potential prejudice to their defence in the criminal proceedings
  • Must be given full consideration
  • National Manager: Professional Conduct and the National Employee Relations Manager must be consulted prior to any undertakings or decisions being notified to the employee.
  • Regardless of the outcome of the criminal justice process, Police will, where appropriate, undertake an employment investigation to determine whether there has been a breach of the Code of Conduct in relation to the same incident
23
Q

What happens when an employment Investigation is concluded prior to the outcome of a Criminal Investigation?

A

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

S/Sgt CPK November 2017 (19 decks)

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