STAFF MANAGEMENT 1: Employment relationship problem policy Flashcards
Employment relationship policy.
Overview: What does the Employment relationship policy do? (2)
- Details processes, obligations, responsibilities of the Commissioner and Police employees for resolving employment relationship problems.
- Is consistent with the Commissioners commitment to act as a good employer.
Employment relationship policy.
Overview: Who does the Employment relationship policy apply?(2)
- All police employees AND
- All employment relationship problems.
Employment relationship policy.
Overview: Who does the Employment relationship policy not apply to? (3)
- Independent contractors but can apply where an employment relation problem arises due to their actions.
- Matter that has another specific review or resolution procedure i.e. Appointment Review policy or Discrimination and Harassment policy etc.
- Any matter subject to a claim under Human Rights Act 1993.
Employment relationship policy.
Overview What 4 principles apply to all employment relationship problems?
- Both parties must act in ‘Good Faith’.
- Both parties are encouraged to use dialogue and exchange relevant info to seek a resolution (consider mediation).
- Employee’s right to representation at any stage of the process.
- Both parties initially responsible for resolution.
Employment relationship policy.
Overview: One of the 4 principals to all employment relationship problems states that usually the employee and their supervisor must have the initial responsibility for resolution UNLESS? (2)
- Problem relates to action/inaction supervisor.
- Involves some other reason that justifies escalating responsibility to a more senior person.
Employment relationship policy.
Definitions: Under s5 ER Act 2000 - what is the definition of a ‘dispute’? (3)
Means a dispute about the: Interpretation, application or operation of an employment agreement.
Employment relationship policy.
Definitions: Under s5 ER Act 2000 - what is the definition of ‘Employment relationship problem’? (2)
Hint: Includes and does not include.
Includes:
PG, a dispute, any other problem arising from ER.
Does not include:
Any problem with the fixing of new terms and conditions.
Employment relationship policy.
Definitions: Under s4 ER Act 2000 ‘Good faith’ behaviour in respect of resolving an employment relationship problem includes but is not limited to: (7)
- Both parties providing sufficient info to enable them to consider a resolution.
- Not acting in a way that will likely mislead/deceive the other party.
- Listening to the other parties point of view.
- Prepared to consider whether the matters raised by the other party justify modifying a previous decision/position re problem.
- Being respectful/constructive when communicating and stating reasons for disagreement.
- In a timely manner, actively taking steps to progress resolution to the next stage of the process.
- Limiting involvement to those who are directly involved in the problem/resolution.
Employment relationship policy.
Definitions: Under s144 ER Act 2000 what is the definition of mediation?
Participants together with the the assistance of a neutral person(s) systematically isolate disputed issues to develop options/consider alternatives, with a view of reaching a consensus on resolution.
Employment relationship policy.
Definitions: Under s103 ER Act 2000 - A ‘personal grievance’ is defined as any grievance an employee has against police because of a claim that the employee has been what? (5)
- Unjustifiably dismissed.
- Unjustifiably disadvantaged in their employment.
- Discriminated against in their employment.
- Sexually or racially harassed in their employment.
- Subjected to duress in their employment relating to membership or non-membership of a union or service organisation.
Employment relationship policy.
Employment relationship problem resolution procedure: What are the 5 key steps in the process of resolving employment relationship problems?
- Employee raises problem with appropriate manager.
- Parties engage informal dialogue raising the problem and attempting to resolve in good faith.
- If not resolved may take to another manager or raise PG.
- If not resolved may refer to mediation.
- If not resolved at mediation may seek more formal process (Employment Relations Authority ERA, Human Rights Commission).
Employment relationship policy.
Employment relationship problem resolution procedur. Raising an employment problem: Employees who believe they have an employment relationship problem should follow what 2 steps?
- Employee should raise any employment problem with their supervisor.
- May do so in verbally or in writing.
NB: Employee encouraged to complete the notification of employment problem.
Employment relationship policy.
Employment relationship problem resolution procedure. Raising a PG: When will an employee be treated as having raised a PG?
- When they have provided sufficient information to enable Police to respond.
- Their ER problem relates to a claim that they have been either:
- Unjustifiably dismissed.
- Unjustifiably disadvantaged in their employment.
- Discriminated against in their employment.
- Sexually or racially harassed in their employment.
- Subjected to duress in their employment relating to membership or non-membership of a union or service organisation.
Employment relationship policy.
Employment relationship problem resolution procedure: The procedures for dealing with an employment relationship problem and a PG are the same. There are, however, time restraints on raising a PG. What is the time restraint on raising a PG? (2)
- Must be raised within 90 days on the date the action giving rise to the PG occurred OR
- From the date the employee became aware of it.
Employment relationship policy.
Employment relationship problem resolution procedure: On receipt of a PG, the EPM/HRM must do what?
Hint: Send….
Send a copy to Employment Relations PNHQ asap with a memorandum outlining the situation.