Disciplinary policy and process Flashcards
What does the pilot support
A values based framework that has our peoples hearts and minds at the forefront, one that allows our people to feel safe to talk and supports a high trust culture
The pilot adopts a preventative and educational focus where possible and aims to embed what?
- A trusted disciplinary process that supports the wellness and safety of our people
- An approach that is fair and consistent responsive transparent and aligns with our good faith obligations
What are the 2 key things to note for the process of this policy
- It is used to determine whether alleged breaches of code or policies are substantiated and what the appropriate outcome is
- Underpinned by the employment principles of good faith
What must Police and employees do under good faith
- Engage openly, honestly and respectfully
- Be responsive and communicative
- Be active and constructive in maintaining a productive employment relationship
How will Police act on the Policy
- Conduct process fairly and reasonably
- Undertake an employment investigation only when there is good reason to do so
- Notify employees when an investigation relating to them is commenced
- Provide details of specific allegations for an employee to respond
- Advise employees of their right to take advice and be represented
- Allow employees a reasonable opportunity to respond
- Consider employees explanation in an unbiased manner free from predetermination and uninfluenced by irrelevant considerations
- Notify the employee of the outcome of investigations into the allegations
- Ensure outcomes are proportionate to the nature and seriousness of the conduct
- Ensure privacy of employees and confidentiality of investigation is maintained
What does a manager have an obligation to do
Ensure the disciplinary matters are dealt with appropriately in a timely manner and respecting the need to confidentiality
What is the purpose of initial assessment
To identify if there is an issue that Police needs to address or investigate
What do you need to consider when undertaking an initial assessment
- Is there any substance
- Is it necessary to notify and speak to employee about the matter
- Is the conduct a breach of code, policies or employment
- What information is available for consideration
- What the are next steps
What is the purpose of categorisation
To determine whether allegations about a conduct should be addressed and is it a performance matter, potential breach or a criminal matter
What is the role of categorising
- Review information and consider the nature of the situation and conduct
- Determine if the matter needs to be investigated
- Detail clear allegations
What are the types of possible outcomes
- No further action
- Performance management
- Employment investigation
- Criminal investigation
- Dual investigation
What are the risks considered if an employee is under investigation and continues to work
- Health and safety
- Employee will interfere with investigation
- Employee will interfere with Police operations or disrupt Police routines
- Nature and gravity of the alleged conduct may prejudice the public interest or potentially damage reputation of Police
What is the purpose of drafting allegations
- Fully inform them of your concerns about their conduct
- Explain why if true Police would consider the employees conduct unacceptable
- Enable them to properly respond to the allegation
What is the purpose of investigation initial steps
To establish and consider the facts of what happened and to assess whether actions were in breach of code
Who should be the investigator
- Someone objective and not involved in the matter
- Manager
- Serious or sexual nature a more senior manager
- Consider specific areas of knowledge or skills
- External investigator may be appropriate but would normally only be utilised in exceptional circumstances
- District commander or National manager
- If criminal investigation then a separate investigator
