Employment relations act 2000 Flashcards
Section 4
Employment relations act 2000
Parties to employment relationship to deal with each other in good faith.
Must deal with each other in good faith
Must not do anything to mislead or deceive each other
Must not do anything that is likely to mislead or deceive each other
What is good faith?
It is an implied mutual obligation of trust and confidence
Requires parties to be active and constructive and maintaining a productive employment relationship through being responsive and communicative
Requires an employer to provide information to employees if their job is affected - Unless there is a good reason to maintain confidentiality of the information.
An employment relationship can be between……
Employer and employee
Union and employer
Union and a member of the union
A union and another union.
What does a “duty of good faith” apply to?
Section 4, employment relations act 2000
Bargaining for a collective agreement or a variation of the collective agreement
Any matter arising from the collective agreement
Bargaining for an individual employment agreement
Making employees redundant
New Zealand police code of conduct
Who does it apply to and when?
Applies to anyone who is employed or engaged by the New Zealand police, regardless of position or rank held. Includes employees who are permanent temporary or casual, contractors and consultants, volunteers, staff from other agencies we partner with and any other group or individual we have advised this code applies to.
This code also applies outside of working hours when our actions may bring Police into disrepute or might damage trust and confidence.
Why do we have high standards?
We aspire to have trust and confidence of all by living our values.
We are consistently honest and ethical, and apply the self test to our behaviour and decision-making.
We act professionally, exercise good judgement and are accountable for our behaviour.
We protect police’s integrity and reputation.
We report inappropriate behaviour that we see or hear.
Our influence and conflicts of interest.
A conflict of interest is a situation where our personal or professional interests conflict with our position, obligation or responsibilities as a police employee.
A perceived conflict can be just as damaging as an actual conflict.
How do we avoid problems with a conflict of interest?
We must not act in a way that uses our influence, role or position to personal advantage or to the advantage of others we are associated with.
We cannot access information except for legitimate work purposes.
No intimate relationships when we have met parties professionally Or if that person is vulnerable.
We raise potential conflicts of interest with our manager. We are open and honest so it doesn’t become a problem.
Our safety
We promote and maintain a safe working environment.
No impairment by alcohol or drugs.
We manage and report risks as soon as we are aware of them.
We handle information appropriately, for legitimate work purposes and in line with the law.
We Take care of equipment, tools and resources provided to us and use them appropriately and safely including IT.
We do right by others.
We do not accept behaviour by the public or our colleagues if it breaks the law or compromises safety.
We embrace diversity. Our differences help us police across a wide range of communities. We are inclusive and respectful of each other‘s differences.
We treat all people respectfully with empathy and dignity.
We insure our work environment does not tolerate discrimination, harassment, bullying, victimisation or any other unacceptable or offensive behaviour. No racial or sexual harassment.
The New Zealand coat of arms recognises the special relationship with Iwi. Our commitment to Maori and the treaty.
What happens if you breach the code of conduct?
If you:
Face any charges
Become a respondent of a protection order
EBA or drug driving
Are suspended from driving
Get a speeding ticket in excess of 40 km an hour
Are charged with any offence that could suspend your drivers license
You must notify your manager as soon as possible.
What should a manager do if advised of a breach of code of conduct?
Good faith will be applied and dealing with any breaches of the code.
Manager must advise district police professional contact manager. Consideration will then be given to what action will be taken.
Police have a disciplinary policy outlining the process that will be followed.
When harm is so significant and serious that it is unable to be restored, the employment may be terminated.
What is misconduct?
Behaviour or actions that breach the code or other police policies.
Misconduct may not justify dismissal but it may result in formal disciplinary action and consideration of whether harm caused can be restored.
Examples include breaching police policies or procedures, treating a person harshly, abusive or offensive language, misuse of Internet or email, using police databases for unauthorised or personal purposes
Being absent from work or late without proper reason, failure to declare conflict-of-interest, not complying with a lawful and reasonable instruction, bringing Police into disrepute through actions or behaviour.
What is serious misconduct?
Behaviour or actions that breach this code or other police policies and employment agreements, and seriously undermine or damage the trust and confidence Police has in you, calling into question if the employment relationship can continue. It is behaviour or actions that may justify dismissal.
Give some examples of serious misconduct.
Being convicted or pleading guilty to an offence
Corruption
Bullying or harassment
Sexual misconduct
Theft or dishonesty of any kind
Unauthorised access to NIA
Repeated misconduct
False statement or declaration
Excessive unjustified violence
