Chapter 2: Staff Management 1 Flashcards
What does Section 4 (1) of the Employment Relations Act 2000 cover?
(1) The parties in an employment relationship
(a) - Must deal with each other in good faith
(b) - Must not directly of indirectly do anything to
- Mislead or deceive
- that is likely to mislead or deceive each other
What does Section 4 (1A)of the Employment Relations Act 2000 cover?
(1A) The duty of good faith in Sub section(1)
(a) - wider in scope the implied mutual obligations of
T&C
(b) -Be active and constructive in developing and
maintaining a productive employment relationship -
be responsive and communicative
(c) if employer going to make a decision that will have
an adverse effect to ongoing employment the
employer must:
(i)- provide access to information relevant to
continuation of employees employment
(ii)- Opportunity to comment on the info before the
decision is made
What does Section 4 (1B) & (1C) of the Employment Relations Act 2000 cover?
(1B) - does not require employee to provide access to confidential information if there is good reason to maintain confidentiality.
(1C) - Purpose of (1B) good reason includes:
(a) - Complying with statutory requirements for
confident.
(b) - Protecting the privacy of natural person
(c) - Protection commercial position of employer from
being unreasonably prejudiced
Who does the Code of Conduct apply to?
Anyone who is employed or engaged by the NZP regardless of the position or rank held.
Code also applied to what we do outside of working hours
What can we use to guide us in decision making around our conduct?
Hint = SELF
Scrutiny - Would your decision or behaviour withstand scrutiny and be seen as appropriate by others?
Ensure Compliance- Does your behaviour comply with the Code and other Police Policy, GI’s and procedural expectation?
Lawful - Is your decision or behaviour lawful?
Fair - Is your decision or behaviour fair and reasonable?
If a code of conduct has been detected - What is considered?
The Nature of the circumstances
-Intent - Did the person knowingly make decisions or act out of line of the code, Our Values and policies?
- The persons position, duties and responsibilities
- The persons ability to fulfil those duties
- The impact on the organisation and relationships
- Impact on the trust and confidence the police will have
in the person
- How similar behaviours has been treated in the past
What does Misconduct look like?
- Misconduct is behaviour or actions that breach the
code of conduct or other police policies - While misconduct may not justify dismissal - may result
in disciplinary action.
Misconduct may be considered serious misconduct and visa versa. M & SM can apply to behaviour outside of work.
What does Serious Misconduct look like?
- Is behaviour or actions that breach the code of conduct or other police policies and employment agreements and seriously undermine or damage the T&C police has in the employee.
- Calls into question if the employment relationship can continue
- It is behaviour or actions that may justify dismissal
What are some examples of Misconduct?
- Breaching police policy and procedures
- Treating a person harshly
- Using abusive/offensive language
- Misuse of police internet or email
- Unauthorised use of police database
- Being late/absent without proper reason
- Bringing police into disrepute through actions or
behaviour
What are some examples of Serious Misconduct?
- Being convicted or pleading guilty to an offence
- Corruption - accepting a bribe, inducement or reward
- Bullying or harassment
- Sexual Misconduct
- Theft or dishonesty of any kind
- Unauthorised access to or disclosure of any matter or
information - Repeated misconduct
- Knowingly making a false statement/declaration
- Excessive unjustified violence
Performance Management is not a disciplinary process. When does it become relevant for disciplinary processes?
Where an employee has been unable or unwilling to satisfactorily improve following a PIP
There are 4 steps when addressing performance management issues. What are they?
- Informal discussion
- The Performance meeting
- The Performance Management Plan
- Completion of the PIP. Req standard reached
What are the objectives of Step 1 - The Informal Conversation?
- Encourage dialogue and try and identify underlying
issues - Explain clearly and use practical examples where
possible - Criticism should be constructive
- Listen to what the employee has to say - may not a
problem at all. - Be careful the informal action does not turn into formal
action - this may deny them some rights such as
having a support person present. - Where possible reach agreement on way forward
and time frames to achieve standard - Send a letter/email to employee recording discussion
- Arrange follow up meeting to discuss progress
- Consider welfare if appropriate
What are the objectives of Step 2 - The Performance Meeting?
- When the employee’s performance has not improved
despite a informal discussion a more formal meeting
may be appropriate.
-A Performance meeting should not predetermine a PIP
Before Meeting
- Identify minimum standard of performance and how it
falls short
- Send employee an invitation to meeting
- Set up Performance Management file
- Discuss with HRM possible options to fix issues.
- Prepare checklist of items to discuss
- If further support required ID Parties.
During Meeting
- Introduction - Explain reasons for meeting and supply
employee and support person with agenda.
- Provide Information - Outline minimum acceptable
standard, Outline where they have fallen short. Provide
examples.
Opportunity to respond
- Give opportunity to respond- explain reasons for
shortfall
- Clarify any issues raised
Problem Solving
- Explain management process. If PIP is way forward run
through process and form with them.
- Inform person they will receive all necessary support to
reach desired standard.
- Inform if standard is not met it may be considered
misconduct and it may be grounds for disciplinary
action
Record Keeping
- Record discussion including employees explanation
and have all parties sign at end of meeting.
What are the objectives of Step 3 - The Performance Improvement Plan?
Hint - 2 things
- Important that the PIP sets out the requirements and expectations of both parties.
- In order for it to be successful the employee must agree to the PIP
What information should be contained in the PIP?
1- The performance to be improved - Be specific
2- The minimal acceptable standard for performance
with reference to competencies and P/D.
3- The remedial steps to be taken - Should be
measurable and realistic with achievable timeline
4- The support and resources police will provide
5- How and when you will provide feedback
6- Review periods
7- Dates for progress meetings
8- The start date for the PIP.
9- Possible consequences if standards not met.
10- Signature of both parties with date
Step 4 of the the Performance Management Process is the completion of the PIP . What should occur if the standards are met?
-They should be informed they have met the required
standard
- There is no longer a need to continue performance
management through the PIP.
- Confirm completion of the PIP in writing on PIP and a
letter to the employee
- A Copy of the PIP should be retained on the
employee’s personal file
Disciplinary Process
There are 9 steps in the Disciplinary Process. What are they?
Hint - I, C, CEI, RD S or S, D, I, I and IM, D, O
1- Initial Assessment
An appropriate manager with guidance of HR should
assess available info to decide if it requires further
investigation
2- Categorisation
If issue identified matter to be referred to appropriate
manager, HR rep and Prof. Conduct team member. PC
team should be involved to determine if criminal
offending
3- Criminal Employment Investigation
If categorised as requiring criminal investigation-
need to consider how and when to commence
investigation.
4- Restricted Duties, Suspension and Stand Down
Should only be considered where there is a risk
allowing the employee to continue in their duties. Or
necessary to remove them from the workplace
5- Drafting Allegations
Notification of concerns and allegations should be
made to employee as part of good faith obligations.
Include full disclosure of all information
6- Investigation - Initial Steps
If required an appropriate investigator should be
appointed. Should be planed to ensure all allegations
are address and an appropriate decision can be made
7- Investigation and Investigation Meeting
To establish what conduct has occurred and if it is
misconduct and seriousness of it. Must meet with the
employee to obtain their version of events or
explanation prior to finalising the investigation
8- Making the Decision
If misconduct has been established a decision needs
to be made about what outcome or sanction is
sought. The employee needs to be informed of the
preliminary decision and have opportunity to reply.
Any reply needs to be considered before a final
decision can be made
9- Outcomes
If misconduct established - two main outcomes
available. These are Warning/Final Warning or
Dismissal. Nothing prevents other outcomes such as
performance management and Professional
Conversations
NZ Police Code of Conduct
Who does the code apply to and when?
The code applies to anyone who is employed by the NZ police regardless of rank or position held
- Permanent
- Temporary or casual
- contractors and consultants
- volunteers and other groups we have told the code applies to
NZ Police Code of Conduct
How can we be sure our conduct complies with the code and policies?
The guide provides general guidance and minimum expectations of the behavior Police expect from us.
We need to consider our values, apply common sense and act with self respect and consider the reputation of police in our decision making
NZ Police Code of Conduct
What is a conflict of interest?
A situation where our personal or professional interests may conflict with our position, obligations or responsibilities as a Police employee
NZ Police Code of Conduct
What will happen if you breach the code?
Police will talk with you to determine the circumstances. What happens after that depends on the circumstances.
There is a disciplinary policy which outlines the process
If you have been found to have breached the code you may face disciplinary action which could include termination of employment.
NZ Police Code of Conduct
When considering if a breach of the Code has occurred and how serious it is, what seven factors are taken into consideration?
- the nature and circumstances
- Intent - Did you knowingly make decisions and act out of line with the code?
- Your position, duties and responsibilities
- Your ability to fulfill your duties and responsibilities
- The impact on the organisation and and relationships
- Impact of the trust and confidence the police has in you
- How similar behaviour has been treated in the past
NZ Police Code of Conduct
What is Misconduct and Serious Misconduct?
Misconduct is:
- Behaviour and actions breach the code of conduct or other police policies.
- Misconduct may not justify dismissal it may result in formal disciplinary action
Serious Misconduct is:
- Behaviour and actions breach the code of conduct or other police policies.
- Seriously undermine the T&C the police has in you
- Calls into question the employment relationship
- It is behavior or actions that may justify dismissal
NZ Police Code of Conduct
What are some examples of Misconduct?
- Breaching police policies and procedures
- Treating a person harshly
- Using abusive offensive language
- Misuse of police internet or email systems
- Using police database for any unauthorised or personal use
- Failure to declare any Conflict of Interest
- Misuse/not taking care of police property
- Not complying with lawful and reasonable instruction
Bring police into disrepute through behaviour or actions
NZ Police Code of Conduct
What are some examples of serious Misconduct?
- Being convicted or pleading guilty to an offence
- Corruption - accepting a bribe, inducement or reward
- Bullying or harassment
- Sexual misconduct
- Theft or dishonesty of any kind
- Unauthorised access to, or disclosure of any matter or information related to Police business including NIA
- Repeated misconduct (including breach of a warning)
- Knowingly making a false statement
- Excessive unjustified violence
FEO
Who can work FEO?
Any police employee can apply to vary or alter their hours, days or place of work in their current role.
(Employment Relations Act 2000 Sec 6AA)
FEO
What are some of the benefits of working FEO
- Enabling High Performance
- Attracting and Retaining top talent
- Accessing a Broarder Talent pool
- Increased productivity
FEO
What is and what are some examples FEO?
FEO is any non-usual working arrangement, including change of hours or days worked, and working from alternative locations.
Common examples:
- Working from home or alternative location
- Flexi-time - A set number of hours per week that can be varied form week to week
- Part Time - Less that full time hours a week
- Condensed Hours - Full time hours into a shorter week
FEO
How do I lead FEO in police?
Hint: T - A - E - A - C - R
Talk about FEO with your team:
- Have regular conversations with your team about the benefits of FEO if able
FEO on the agenda:
- Ensure that FEO is on the agenda at all Leadership meetings
Educate:
-Help others with understanding FEO and being flexible by default will enable police to achieve Our Business
Advocate:
- Consider opportunities to promote FEO and celebrate success stories
Challenge:
Call out behaviour that may be seen that does not align with our values or positive culture around promoting FEO
Role Model:
As a leader people will look to you as an example of how to manage work hours. Be mindful of the standards and expectations your setting for your team
FEO
As a manager what is your responsibilities with FEO?
You must respond to all requests relating to FEO form an employee within 1 month.
Discuss with the employee and work together to make the arrangement work.
FEO
Who can decline an FEO Application?
Only the District Commander or National Manager
Disciplinary Process
Step 1
Initial Assessment
What should be considered?
All relevant information should be assessed
- Is there any substance to the matter, does police need anymore information to decide if anything to matter?
- Is it necessary to notify or speak to the employee or others to assess what the appropriate steps are?
- Is the alleged behaviour a breach of our code, policies or emp. agreements?
- What info is available for consideration?
- What are the appropriate next steps?
Disciplinary Process
Step 1
Initial Assessment
What are the three possible pathways after an assessment?
- No conduct or performance concerns
- No further action - advise member concerned - Potential Misconduct or Serious Misconduct
- The matter is referred to HR who will determine next steps. If there is a criminal aspect work with the PPC - performance issue
- The manager will manage this and may seek advice form HR
