Staff Management 1 Flashcards
What does section 4 (1) of the Employment Relations Act 2000 say about how parties in an employment relationship must deal with each other
The parties in an employment relationship must:
- deal with each other in good faith and
- must not directly or indirectly do anything to mislead or deceive each other or
- that is likely to mislead or deceive each other
What does section 4 (1 A) of the Employment Relations Act 2000 say about the duty of good faith
- good faith means employers/employees/or representatives must engage with each other in good faith/mutual obligations
- engage openly and honestly
- be responsive and communicative
- be actively constructive in maintaining a productive employment relationship
What does section 4 (1 B) of the Employment Relations Act 2000 say about when the employer does not have to provide information
If information is confidential and there is a good reason to keep thee information confidential
What would be a good reason pursuant to section 4 (1 C) of the Employment Relations Act 2000 to keep the information confidential
- Complying with statutory requirements to keep it confidential
- protecting the privacy of persons
- protecting the commercial position of the employer from being unreasonably prejudiced
What does section 4 (2) of the Employment Relations Act 2000 say about who has employment relationships
- employer and employee
- a union and employer
- a union and union member
- a union and another union bargaining for the same collective agreement
- a union and another union that are parties to the same collective agreement
- a union and a member of another union where both unions are bargaining for the same collective agreement
- a union and a member of another union where both unions are parties to the same collective agreement
- an employer and another employer where both employers are bargaining for the same collective agreement
What does section 4 (3) of the Employment Relations Act 2000 say about communication to another person
That a party to an employment relationship can communicate to anther person a statement or fact or opinion reasonably held about an employers business or unions affairs
What does section 4 (6) of the Employment Relations Act 2000 say about what is a breach of good faith
- advising or inducing an employee:
not to be involved in bargaining for a collective agreement or - not to be covered by a collective agreement
Who does the code of conduct apply to
Anyone who is employed or engaged by NP includes permanent, temporary, casual or contractors and consultants volunteers and any other group or individual who is advised that the code applies to them.
Does the code only apply in work time
No applies to what we do outside work hours- if what we do may bring police into disrepute or damage trust and confidence
How can we be sure that our conduct complies with the code and policies
It will not cover every situation so we need to consider our values apply common sense etc
If in doubt apply the self test questions what are these
- scrutiny - would your decision or behavior withstand scrutiny
- Ensure compliance does your behavior comply with the Code, and other police policies general instructions and procedural expectations
- Lawful Is your decision lawful
- Fair is your decision fair and reasonable
What is a conflict of interest
Where our personal or professional interests my conflict with our work/position/obligations/responsibilities in NZ police/can be just as damaging if its an appearance or perception
to avoid a conflict of interest what must we not do
- use our influence role or position to personal advantage for ourselves or others
- only access information for legitimate reasons
- no sexual relationship with someone we have met in a professional capacity if imbalance of power/or person is vulnerable
- must raise any conflicts of interest with manager ASAP
If unsure about whether information is confidential or sensitive or how it should be handled what should we do
Seek advice from your manager
What happens if you have been found to have breached the code
- you may face disciplinary action which could include termination of your employment - final outcome will depend on the seriousness
What is considered when deterring if behavior or a decision is a breach of the code
- intent did you knowingly make decisions that breached
- your position, duties and responsibilities
- your ability to fulfill your duties and responsibilities
- the impact on the organisation and relationships
- impact on the trust and confidence thee police has in you
- how similar behavior has been treated in the past
depending on the circumstances misconduct can be considered what
misconduct or serious misconduct or vice versa can apply to behavior outside of work
What is misconduct
It is a breach of the code although may not justify dismissal could result in formal disciplinary action
What is serious misconduct
It is a breach of the code and seriously undermines the trust and confidence the police has in you so much so that calling into question if your employment relationship can continue. It may justify dismissal
What are some examples of misconduct
- breaching police policies or procedures,
- using abusive language
- not complying with a lawful instruction without a good reason
- being absent for work without good reason
What are some examples of serious misconduct
- Being convicted or pleading guilty to an offence
- corruption
- bullying or harassment
- theft or dishonesty
- unauthorized access or disclosure of police data
- knowingly making a false statement
- excessive unjustified violence
What is performance management
seeking improvement through talking and providing support to enable employees to perform satisfactorily. It is not a disciplinary process
When can performance matters become relevant for disciplinary purposes
When an employee has been unable or unwilling to satisfactorily improve following a performance improvement plan (PIP)
Step 1 of performance management is what
informal discussion:
- in private two way conversation/ pointing our shortfalls in performance/encouraging comment and improvement/us practical examples/criticism is constructive/emphasis on finding ways to for sustainable improvement/can have support person
- listen to employee there may be no problem
- make sure informal action does not turn into formal disciplinary action/therefor denying the employee rights such as a support person
- where you can reach agreement for way forward/include reasonable time period
- send a letter to employee of the discussion
- arrange a follow up time to access progress
- consider if appropriate to refer to Wellness Servides
- if no improvement discuss with HRM if more formal performance meeting is necessary
Step 2 of the performance meeting is what
The performance meeting
before the meeting
- identify the minimum standard of performance and where employee falls short/ this is the focus of discussion
- send the employee letter of invitation to the meeting
- set up a performance management file/separate to appraisal
- discuss with HRM and consider any other options to fix
- draw up checklist of things to be discussed
- if further organisational support is needed get names of people to contact
During the meeting
- Introduction -why the meeting set the agenda/give employee and support person a copy/ensure agenda has not predetermined conclusions or outcomes
- provide information - outline the minimum standard outline where employee has fallen short/provide examples and any documentation
- opportunity to respond - give employee genuine opportunity to explain and reasons
- clarify with employee any issues raised adjoin meeting briefly if necessary
Problem solving - explain performance management process and the actin taken next/if PIP necessary go through form with employee and support person
- inform employee that they will get support/training/assistance to reach the required performance level /record agreed assistance on PIP form
- inform employee if don’t reach agree standard it may be a misconduct issue and addressed under the progressive disciplinary process
Record keeping - record discussion/include employees explanation/make sure both parties sign/copy all info to employees management file/copy to the employee
Explain Step 3 the performance improvement plan (PIP)
- PIP sets out requirements and agreements from both parties/employee must agree to the PIP
- the performance to be improved/specific and examples/include brief statement about the aim of the PIP
- the minimum acceptable standard of performance/refer to competencies/position description/code/any other benchmark
- remedial steps to be taken/must be measurable/realistic/and achievable timeline
- support and resources police will provide/if employee wants to source own help note on PIP/note target date
- how and when feedback to employee
- review periods/with who/how often/specify the measurements
- the dates for progress meetins
- start date for PIP
- possible consequences if not met
- signature of both parties and the date the PIP was signed
Once PIP implemented
- ensure all agreed assistance is provided/if cant must advise employee/agree to aleternative
- dairy meetings at the interval agreed/keep notes of meetings/may have to revise PIP by agreement
- put in place a system to monitor progress/provide ongoing feedback/on progress or areas that still need improving
- PIP is specific to behaviors that have been raised with employee any more then performance meeting to be convened and the PIP revised
Explain step 4 the completion of the PIP
- performance evaluated
- if reached required standard/informed that they have reached the level required/ don’t need PIP anymore/end date confirmed in writing on the PIP/letter confirming this to employee
- performance monitoring may continue on a informal basis/option for ongoing training/support may be explored with employee/ongoing dialogue good!
- a copy of PIP retained in employees performance management file with copies of any letters sent to them
If required standard of PIP not reached what are the options
- revise the PIP
- go straight to progressive disciplinary process
What are the two keys things to note in the disciplinary process
- the process is used to determine if alleged breaches or our code/or and policies are substantiated is so what the appropriate outcome is
- the process is underpinned by the employment principle of good faith
What is the purpose to the Disciplinary policy
- to ensure breaches of Our Code are managed and dealt with fairly and in good faith with a view to improving conduct/must comply with Employment relations Act 2000
How will police conduct disciplinary processes
- fairly and reasonably
- only when good reason to do so
- notify employee when commenced/unless exceptional circumstances
- provide details of specific allegations
- advise employees of right to representation
- allow reasonable time to respond to information
- consider employees explanation/unbiased/no predetermination/uninfluenced
- notify the employee of investigation of allegations
- ensure outcomes are proportionate
- ensure privacy
Who must you notify regarding allegations or concerns regarding investigation in the workplace
must notify employee as part of good faith obligations - this should include full disclosure
if misconduct is established what are the two main outcomes available for consideration
warning/final warning or dismissal
once the investigation is complete if misconduct is established what preliminary decision needs to be made and what do you need to do
- What outcome or sanction may apply
- full consideration to all information
- employee advised
- employee given opportunity to respond in person or writing
- then consider submissions from employee a final decision on outcome can be made
What is the initial step if employment investigation is required
- Appoint an appropriate investigator
- Can be manager or if serious or complex another investigator
- investigation scoped and planned/cover allegations/so appropriate decision on outcome can be made
What is the purpose of an employment investigation
- To establish if the conduct has occurred
- if it is misconduct and how serious
- includes meeting with employee and rep to obtain their version of events
can there be another appropriate outcome that are not disciplinary sanctions
yes can be performance management or professional conversations
What can the employee do if they are not happy with action taken in a disciplinary process
They can pursue the matter as an employment relationship problem
What is the purpose of an initial assessment in regard to employment investigations
To identify if there is an issue that police needs to address or investigate/there may already be enough information
Who can assess an initial assessment
mostly a manger/can get support guidance from HR/if appropriate more senior manager of HR/if more serious ER to be notified/they may give additional support
What questions should be considered to undertake an initial assessment
- is there any substance/or do we need more information
- do we need to speak to employee or others
- is the alleged conduct breach of Code, policies or employment agreeement’s
- what information is available
- what are appropriate next steps
What are the possible pathways after an initial employment investigation
- no conduct or performance concerns/no further action/inform employee
- potential misconduct or serious misconduct/refer to HR/if criminal aspect refer to PPC
- performance issue/manger will mange/may seed advice form HR
What is a critical consideration in regard to a initial assessment in regard to employment investigation
- handled sensitively
- on a needs to know basis ensure confidentiality