Staff Management 1 Flashcards
Staff Management 1 - Employment Relations Act 2000
Section 4 - Parties to employment relationship, must deal with each other in good faith. What other two things must they NOT do - ss1 (b) (i) & (ii) ?
Must not, whether directly or indirectly do anything
* to mislead or deceive each other; OR
* that is likely to mislead or deceive each other
Staff Management 1 - Employment Relations Act 2000
Explain the duty of “good faith” as defined in Section 4, ss.1A (a) (b) & (c) ?
- Wider in scope than implied mutual obligation of trust and confidence; AND
- Parties must be active and constructive in establishing and maintaining ER, as well as responsive and communicative; AND
- Requires employer who’s proposing to make decision that will, or likely to have adverse effect on continuing their job, to provide them with:
1. * Access to information about the decision; AND
2. * An opportunity to comment on info, before decision is made
Staff Management 1 - Employment Relations Act 2000
Explain the three reasons when the duty of “good faith” does NOT require an Employer to provide access to confidential information as defined in Section 4, ss.1B (a) (b) & (c) ?
NOT required to provide confidential information:
* that’s about an individual other than the affected employee, if providing info would involve unwarranted disclosure of that persons affairs
* if subject to statutory requirement to maintain confidentiality
* where necessary for any other reason, to maintain confidentiality of the info (ie: to avoid unreasonable prejudice to Employer’s commercial position
Staff Management 1 - Employment Relations Act 2000
To avoid doubt about not providing information under ss.1B due to confidentiality etc., it does not affect an employers obligation under which two Act’s; AND
An employer must not refuse to provide info/documentation under ( 1A(c) ) merely because of what reason ?
- Official Infomation Act
- Privacy Act
- Merely because information contained in a document contains some confidential information
Staff Management 1 - Employment Relations Act 2000
Confidential Information means what under ss(1B) and (1C) ?
Means information that is *provided in circumstances *where there is a mutual understanding (whether express or implied) of secrecy.
Staff Management 1 - Employment Relations Act 2000
Employment relationships are those between - who ?
- Employer = Employee
- Union = Employer
- Union = Member of Union
- Union = Another Union (bargaining for same Collective)
- Union = Another Union (parties to same Collective)
- Union = Member of another Union (bargaining for same collective)
- Union = Member of another Union (parties to same Collective)
- Employer = Another Employer (bargaining for same Collective)
Staff Management 1 - Employment Relations Act 2000
Section 4, ss(3) states that … ss(1) does not prevent a party to an ER communicating to another person - what ?
A** statement of fact** OR of opinion, that is reasonably held about an employer’s business or a union’s affairs.
Staff Management 1 - Employment Relations Act 2000
ss(4) states … The duty of good faith in ss(1), applies to the following ten matters - what are they ?
- Bargaining for a collective agreement (or variation)
- Matters arising from collective agreements while agreement in force
- Bargaining for an individual employment agreement (or variation)
- Matters arising under individual employment agreement while agreement in force;
- Consultation between employer and employees, including any union reps about employees collective employment interests, OR effect on employees of changes to employers business;
- Proposal by employer that might impact employees, including contracting out work or sell or transfer all or part of employers business;
- Making employees redundant;
- Access to workplace by a rep of a union;
- Comms between union and employer relating to any secret ballots held for the purpose of bargaining for collective agreement
Staff Management 1 - Employment Relations Act 2000
Under Section 4, ss(6), when is it a breach of ss(1) for an employer to advise or induce an employee
If the employer induces or advises the employee to:
* Not be involved in bargaining for the collective agreement; OR
* Not to be covered by the collective agreement
Staff Management 1 - Code of Conduct
Who does the Code apply to and when?
Anyone employed by NZ Police, includes permanent, temporary, casual, contractors, consultants, volunteers, staff from other agencies we partner with and other groups “we have advised” this Code applies to.
Staff Management 1 - Code of Conduct
**Conflicts of Interest **- Perception is just as damaging as an actual conflict. What must we do in order to avoid these situations AND if a COI exists, what should we do about it ?
We must not use our influence, role or position for personal advantage or the advantage of others we associate with.
We must raise COI’s with our Manager, or as soon as we see there is a potential for a problem
Staff Management 1 - Code of Conduct
What matters must you notify your manager about, which may be in breach of Police Values ?
- Any charges
- Respondent of Protection Order
- Any Infringement for EBA or Drug Impaired Driving
- Suspension of D/L
- Speed notice in excess of 40kmph
- Charges or Infringement has potential to lose licence
Failure to notify may result in disciplinary action
Staff Management 1 - Code of Conduct
Define Misconduct under the Code ?
Behaviour or actions that breach this Code or Police policies. May not justify dismissal, but may result in disciplinary action and consider how harm can be restored.
Staff Management 1 - Code of Conduct
Defince Serious Misconduct under the Code ?
Behaviour or actions that breach Code, Police policies and employment agreements AND seriously damage Trust & Confidence Police has in you. May justify Dismissal
Staff Management 1 - Code of Conduct
When considering whether there is a breach of the Code and the Seriousness, what factors may be considered ?
- Nature and Circumstances
- Intent - did they knowingly make decisions or act out of line with Code, Values and Policy
- Your position, duties, responsibility
- Your ability to fulfil duties and relationships
- Impact on Trust and Confidence Police has in you
- How similar behaviour previously been treated
Staff Management 1 - FEO applications
Flexible employment options - What is the process and key points for applying for FEO ?
- FEO default is set to “yes” - instead of “why should a role be flexible” it asks, “Why Not”
- Applications can only be declined by DC or National Manager/Director - Managers can only approve or make recommendation for declining
- Applications should be submitted through MyPolice and then discussed with their Manager, as to how to make it work
Staff Management 1 - FEO applications
Why are FEO options important for Police as an organisation?
- NZ Police commited to offering best working environment
- Enables High performance
- Attracting and retaining top talent
- Access broader talent pool
- Increased productivity
- Reducing the gender pay-gap - FEO will be flexible by default for all agencies and not undermine career progression (as stated in Govt. Gender Pay Gap Action Plan 2018-2020)
Staff Management 1 - FEO applications
What are some of the most common FEO working arrangment options?
- Flexible start and finish times
- Reduced hours
- Condensed hours
- Reduced days
- Varied roster
- Working from different locations
- Job Sharing with another person
Staff Management 1 - FEO applications
How do you lead FEO as a topic in Police ?
- Talk about FEO with your team
- FEO on the agenda at leadership discussion
- Educate
- Advocate - celebrate success stories
- Challenge others with negative views
- Role Model
Staff Management 1 - FEO applications
How long do you have to consider and respond to an FEO application (as per Employment Relations Act) ?
- Within 1 month
Staff Management 1 - FEO applications
Name 6 grounds for recommending a declination of an FEO application ?
- Interferes with ability to reorgainise work among staff
- Impacts negatively on abiity to meet customer demand
- No option to recruit additional staff
- Not enough work during proposed hours
- Planned structural changes pending
- Additional costs are too high
(Therefore proposed FEO would be inconsistent with their collective employment agreement)
Staff Management 1 - Enhancing Employee Performance Policy
What are the Principles governing this policy ?
- Resolving any barriers
- Acknowledging good work
- Informal “people focused” conversations (will resolve most issues)
- Intergrity is important (leave mana intact)
- Expected performance standards (regular open conversations)
- Alignment with Police CoC
- Proactive Management ( to minimise risk on team and Police)
- Early Interventions - (rather than disciplinary)
