Staff Management 1 Flashcards
Employment Relations Act 2000, Section 4 (1) describes how parties in an employment relationship should deal with one another - Explain (a) and (b) ?
(a) Must deal with each other in good faith; AND
(b) without limiting (a), must NOT directly or indirectly do anything
(i) to mislead or deceive each other; OR
(ii) that is likely to mislead or deceive each other
Employment Relations Act 2000, Section 4 (1A) describes the broader definition of The Duty of Good Faith in an employment relationship - Explain (a), (b) and (c) ?
The Duty of Good Faith in ss.1
(a) is wider in scope than the implied mutual obligations of trust and confidence; AND
(b) requires parties to be active and constructive in establishing and maintaining a productive employment relationship in which their responsive and communicative; AND
(c) without limiting (b), requires an employer who is proposing to make decisions likely to have adverse effect on continuation of employment of employee(s), to provide them -
(i) access to info, relevant to the continuation of the employees employment, about the decision; AND
(ii) an opportunity to comment on the info to their employer before the decision is made.
Employment Relations Act 2000, Section 4 (1B) describes an “exception” to 1A(c) when an employer is required to provide access to confidential information, what is that ? (1 sentence as to why they don’t have to provide the info)
If there is “good reason” to maintain the confidentiality of the information
Employment Relations Act 2000, Section 4 (1C) describes the “Good reasons” under 1B’s exceptions about denying access to confidential information, what are they ? (3 things)
(a) complying with statutory requirements to maintain confidentiality;
(b) protecting the privacy of natural persons;
(c) protecting the commercial position of an employer from being unreasonably prejudiced.
Employment Relations Act 2000, Section 4 (2) describes who the “Employment relationships” are between - name these ?
(a) Employer and employee, employed by the employer;
(b) Union and Employer;
(c) Union and member of the Union;
(d) Union and another Union that are parties bargaining for the same collective agreement;
(e) Union and another Union that are parties to the same collective agreement
(f) Union and member of Union where both unions are bargaining for same collective agreement
(g) Union and member of Union where both unions are parties to the same collective agreement
(h) Employer and another Employer where both employers are bargaining for same collective agreement
Employment Relations Act 2000, Section 4 (3)
Q. Does ss.(1) prevent a party to an employment relationship communicating to another person a statement of fact or opinion reasonably held about an employers business or a unions affairs ?
NO
Employment Relations Act 2000, Section 4 (4)
The Duty of Good Faith in ss.(1) applies to what 8 scenarios when bargaining or in relation to collective agreements ?
(a) bargaining for a collective agreement or variation
(b) bargaining in relation to a collective agreement while agreement is in force;
(ba) bargaining for individual employment agreement or variation;
(bb) matter arising under individual employment agreement while agreement in force;
(c) consultation (whether or not under collective agreement) between employer and employees, including any union reps about employees collective employment interests, including effect on employees of changes to employers business;
(d) proposal by employer that might impact employees, including contracting out work or sell or transfer all or part of employers business;
(e) making employees redundant;
(f) access to workplace by a rep of a union;
(g) comms between union and employer relating to any secret ballots held for the purpose of bargaining for collective agreement.
Employment Relations Act 2000, Section 4 (6) describes breaches of ss.1 by an employer against an employee in relation to “collective agreements” - Explain ?
(6) It is a breach for an employer to advise, or do anything with intention of inducing an employee;
(a) not to be involved in bargaining for a collective agreement; OR
(b) not to be covered by a collective agreement.
Code of Conduct
In considering a breach of the code and how serious it is, what factors may be considered when categorising / final outcome ? (7 things)
- The nature and circumstances
- Intent - Did they knowingly act out of line with Code, Values or Policy
- Their position, duties and responsibilities
- Their ability to fulfil their duties and responsibilities
- The impact on the organisation and relationships
- The Impact on trust and confidence Police have in them
- How similar behaviour has been treated in the past
Code of Conduct
Explain Misconduct and Serious Misconduct ?
Misconduct - behaviour or actions that breach the Code or other Police policies - may result in formal disciplinary action (not dismissal).
Serious Misconduct - behaviour or actions that breach Code, Police policies and Employment agreements AND seriously undermine or damage T and C Police has in member. May justify dismissal.
Code of Conduct
Name types of Misconduct ?
- Breaching Police policies and procedures
- Treating person harshly
- Using abusive or offensive language
- Misuse of Police internet or email systems
- Using Police databases for unauthorised personal purpose
- Being absent from work or late without proper purpose
- Failure to declare conflict of interest
- Misuse, mistreatment or not taking reasonable care of Police property
- Not complying with a lawful and reasonable instruction, without a good and sufficient reason
- Bringing Police into disrepute through any action or behaviour
Code of Conduct
Name types of Serious Misconduct ?
- Being convicted / pleading to an offence
- Corruption - accepting bribe, inducement or reward
- Bullying or Harassment
- Sexual misconduct
- Theft or dishonesty
- Unauthorised access to, or disclosure of any matter or info related to Police business including NIA
- Repeated misconduct (including breach of warning)
- Knowingly makes false declaration or statement (including incorrectly recording data)
- Excessive unjustified violence
FEO
Name some benefits of Flexible Working ? (4 things)
- Enables High performance
- Attracting and retaining top talent
- Accessing a broader talent pool
- Increased productivity
FEO - Describe how an FEO can work their hours ? (4 things)
- Working from home or an alternative location
- Flexi-time (set hours that can be varied)
- Part-time
- Condensed hours (full time hours condensed into shorter week)
FEO
Name some ways in which you can support FEO as a leader ? (6 things)
- Talk about FEO with your team
- Ensure FEO on agenda at leadership discussions
- Educate - help others understand it can enable Police
to achieve Our Business - Advocate - promote and celebrate success stories
- Challenge - call out behaviour not accepting of FEO
- Role model - look at how you manage work hours, be
mindful of standards and expectations you’re setting
FEO
How long do you have to consider an FEO application, as per Employment Relations Act ?
- within 1 month
FEO
Who can decline an FEO application ?
- Only a District Commander or National Manager can decline
Performance Management
What is performance management ?
It’s about seeking improvement through dialogue and providing support to enable the employee to perform satisfactorily - it is NOT a disciplinary process.
Performance Management
What is the process when dealing with performance issues ? (4 things)
- Informal discussion
- The performance meeting
- The performance improvement plan (PIP)
- Completion of the PIP - required standard reached
Disciplinary Process - for Non-Performance
What is the purpose of the disciplinary process when dealing with Breaches of the Code ?
To ensure breaches of Our Code are managed and dealt with fairly and in good faith with a view to improving conduct.
