Staff Management 1 Flashcards
What is an Employmeny relationship problem under sec5 Employment relations act 2000?
Includes a personal grievance, dispute and any other problem relating to or arising out of an employment relationship but does NOT include any problem fixing of new terms and conditions in employment
What is the meaning of dispute under sec 5 Employment relations act 2000?
A dispute about the interpretation, application or operation of an employment agreement
What is good faith behaviour re s4 of employment relations act 2000?
Includes but not limited to
- both parties providing sufficient info about the problem
- not acting in a way that will mislead or is likely to mislead/decieve the other party
- being prepared to consider matter raised by the other party
- being respectful and constructive when communicating with the other party
- until the problem is resolved actively take steps to progress its resolution in a timely way
- limiting involvement of those not directly involved.
What is mediation?
The process by which the participants with assistance from a neutral person sysematically isolate disputed issues to develop options and consider alternatives in order to reach a consensus on the resolution that will meet boths needs
What is a personal grievance undr s103 ERA 2000?
Any grievance an employee may have against police because of a claim that the employee has been:
- unjustifiably dismissed
- disadvantaged in that their employment or one or mor terms of it is,are,was affected to the employees disadvantage by an unjustifiable action by police
- discriminated against in their employment
- sexually/racially harassed
- subject to duress relating to their membership or not oa a union or service organisation.
- police have failed to comply with a requirement re continuity of empoyment during restructuring.
How soon must a personal grievance be raised?
Within 90 days beginning on the date the action took place or from the date the employee bacame aware of it, whichever is the later.
What is the scope if the discrimination and harassment policy?
Any situation where a person in the workplace makes an allegation of discrimination and/or harassment.
Police employees, volunteers, contractors or other persons who are engaged by police or who provide services to police
What does harassment include?
Any allegations of sexual harassment, racial harassment or bullying.
What additional rights does an employees have if workplace harassment is to be formally resolved?
The complainant and respondent have rights to
- have an impartial investigator and decsion maker assigned
- be heard verbally or in writing by the investigator and decision maker
- be kept informed
- timely investigation
- be advised of the outcome
What is the definition of discrimination?
Whera an employee is discriminated against directly or indirectly on the basis of sex,marital status, religious or ethical beliefs, colour, race, ethnic or national origins, disability, age,political opinion, employment status, family status, sexual orientyation or by reason of the emoyees involvement in the activities of a service organisation/union by
- Not getting same terms of employment/opportunities as other empoyees with the same or substantially the saame qualifications, experience, skill in similar employment circumstances
- dismissing or subjecting them to any detriment in which others haven’t been treated the same
- retiring the employee or requiring then to retire or resign
What is harassment?
Its behaviour directed towards an employee volunteer or contractor by any person engage by police that meets ALL these criteria:
- the behaviour is not legitimate
- it is unwelcome and unsolicited
- the employee considers the behaviour to be offensive, intimidating, humiliating or threatening AND
- it is either repeated or is of such significance that has a detrimental effect on their employment, perfomrance or job satisfaction
It may be a single incident or a course of conduct.
What types of relationships are consideed to be unethical?
Those which create the greatest risk of conflict of interest or power imbalance including:
- employees dealing with a complainant and the power relationship could be percieved to influence decision making
- offenders when they have known current charges and or know criminal history
- witnesses and their families involved in a matter the employee is dealing with in a professional capacity
- informants
- vulnerable people where a duty of care exists
- any oerson in custody
What is the definition if a serious complaint?
A complaint or issue that is of such significant public interest it puts or is likely to place the polices reputation at risk.
Give 4 examples of serious complaints.
- likely to generate significant media coverage
- complaints that would otherwis be comsidered not serious but involve an insp or above or equivalent non sworn
- complaints involving executive police employees
- complaints regarding any incident of a sexual nature
When a serious complaint is received who should you notify?
The district commander immediately, who must immediately contact the Executive & Ministerial services via the duty officer.
The duty officer must personally and immediately notify the commissioner or acting commissioner and the natioonal manager prof standards
