Staff Management Flashcards
Who does the Code of Conduct (CoC) apply to?
Everyone employed or engaged by NZP
Does it apply outside working hours?
Yes
When does it apply?
When our actions bring NZP into disrepute or Damage Trust and Confidence
Can you post on social media material with police content?
Yes - as long as it does not bring police into disrepute
Describe “Conflict of Interest”
Where our personal or professional interests conflict with our position, obligations or responsibilities
What is considered if a breach of CoC is reported?
Nature/Circumstances Intent (knowingly etc) Position/Duties Ability to fulfil duties at the time Impact on organisation and relationships Impact on trust & confidence Police has on you Past Outcomes for similar behaviour
What is misconduct?
A breach of CoC or policy
What is serious misconduct
Breaching CoC or policy or employment agreements that seriously undermine or damage trust and confidence. “It is behaviour or actions that may justify dismissal”
Who can work FEO?
Any employee can apply
What are the benefits of FEO?
Enabling high performance Attracting top talent Accessing broader talent pool Increased productivity
How do I lead FEO in police?
Advocate Challenge Role Model Educate (ACRE)
The ERA has a timeframe for responding to FEO requests. What is it?
One month
Who can decline an FEO request?
District Commander or National Manager
Is performance management a disciplinary process?
No
When should performance issues be addressed?
ASAP after it is identified
There are four steps in the performance management process. What is the first step?
Informal meeting
What is the objective of informal discussion?
Identify underlying causes Encourage dialogue
What is your role in an informal discussion?
Encourage and support
How should an informal discussion take place?
In private Informal two way Listen Careful it doesn’t turn into disciplinary (may unintentionally deny rights ie support person) In Solution mode - reach agreement send letter recording discussion Follow up meeting. Consider welfare
What are the four steps in performance management?
Informal meeting Performance Meeting Implement Performance improvement plan (PiP) Completion of PiP
Prior to the performance meeting what should you do?
Identify minimum standard required and how falls short Invite Create Performance Management file Discuss remedies with HRM Write a checklist of issues to be addressed Ascertain contacts for support
What should the PiP explain?
Requirements Expectations (of both parties)
List the requirements of a PiP
List performance to be improved Examples (Evidence) Minimum standard required Reference to CoC, position descriptions. Measurable timeframes for improvement. What Police will provide (support, resources) Feedback (how and when will occur) Review periods Dates for progress meetings Start dates Consequences Signatures
List the four responsibilities once PiP implemented
Assistance provided Diary progress notes Monitor progress If new issues arise, a new PiP is required.
What should happen at the completion of the PiP?
Inform End date confirmed in writing Copy on employees file
What happens if the PiP is not achieved?
Consider revising PIP. But some circumstances require progressive disciplinary process. Ensure HRA or ER involved
What does the the new piloted disciplinary process aim to embed
A trusted disciplinary process Approach that is fair and consistent
What is the purpose of the disciplinary process?
ensure breaches of CoC dealt with fairly and in good faith to improve conduct
While acting in good faith employers, their representatives and Police must?
engage openly, honestly, respectfully responsive and communicative maintain productive employment relationship
How will Police act under the new piloted disciplinary process?
Fairly and reasonably Employment investigation only when good reason Notify employee when investigated (unless not appropriate) Provide specific allegations for response Advise of right for representation Reasonable opportunity to respond Consider explanation in uninfluenced, unbiased manner. Notify employee of outcome ensure outcomes proportionate to nature and seriousness of conduct. privacy and confidentiality.
Disciplinary process. Initial assessment. Who assesses the matter.
Manager with guidance of HR. Senior manager, HRM and ER in potentially serious cases
Initial assessment. What to consider (4)
- Is there substance or is more information needed 2. Is it necessary to speak to employee or others to determine next step. 3. Is it breach of CoC, policy, employment agreement. 4. What info is available for consideration 5. Appropriate next step.
What if matter assessed as no conduct or performance issues?
NFA. If employee already aware of matter, notify in writing
What if matter assessed as potential misconduct or serious misconduct?
Refer to HR for next steps. If criminal aspect, work with Police Professional Conduct (PPC)
What if matter assessed as performance issues
Manger manages under performance management. May seek advice from HR.
Disciplinary process. Categorisation. What is the purpose of categorisation and who does it?
A. to determine whether allegations should be addressed and if so whether a performance matter, potential breach of CoC or criminal matter. B. generally manager and HR.
What types of matters are considered?
- Internally identified (breach of CoC or criminal offending) 2. Complaints we’re concerned about 3. Notifiable incidents per s 13 IPCA act 4. Significant traffic matters
What is not considered?
1: poor performance 2: one off low level misconduct or mistakes
types of outcomes?
No further action Performance management Employment investigation Criminal investigation
Criminal and employment investigations. What must occur if a possible misconduct is also identified during a criminal investigation? (2)
- A separate employment investigation with a different investigator deals with the other matter. 2. Only proceed with aspects of the employment investigation that do not raise issues of self incrimination until the criminal investigation is complete
Who must you obtain advice from before a decision is made to place an employer on Restricted duties, suspension and who else do you need to obtain the approval of?
Seek advice from HR and you also need the approval of District Commander/Director level
Restricted duties, suspension or standdown may be appropriate while employee is under investigation to mitigate risks from employee remaining in workplace. What might these risks be? (4)
- Health and safety of employee or others
- Interefere with investogation
- interfere with Police operations or routines
- nature and gravity of conduct prejudice public interest or damage reputationof Police
What is the purpose of drafting allegations?
- inform them of your concerns about their conduct
- explain why conduct is unacceptable
- enable them to properly respond to allegation
What is the purpose of the investigation
- establish and consider facts
- assess actions breach of CoC, policies, agreemenst and values
- may be determined no further investigation needed (ie enough informaotn to proceed to disciplinary meeting)
Who should be the investigator? (7)
- objective and not involved
- often employees manager
- if serious or sexual a more senior manager
- if have a choice someone with specific skills or knowledge that would be usefull
- external investigator if complex, sensitiveadditional independance
- District Commander or Naitnal manager with advice fromHR can determine best investogator
- if subject to criminal investogation there needs to be a seperate invstigator
What is the standard of proof for an employment investigation?
Balance of probabilities
Is the standard of proof requirement the same regardless of the seriousness of the breach?
No. The more serious the breach, the stronger supporting information needs to be.
Does a criminal investigation participate in good faith?
No
What are the rules around disclosure with an employement investiagtion and a criminal investigation
- Emplyment investigation infomraiton is disclosed and employee has time ot consider it.
- Crinal investigationdon’t necessarily disclose information or give time to consider it.
The employment investigation approach is based on?
Good faith
Prior to an investigation meeting what should you provide the employee? (4)
Sufficient notice, Allegations, Recived Documentation, Representative (offered)
If Representative engaged, then communications via them. They are to support employee, not speak for them
What should you consider during the investigation meeting? (6)
- Confirm employee undersatnds allegations
- obtain consent if you wish to digitally record
- take breaks when needed
- honest and upfront if you believe there are indiscrepancies or dishonesty. this provides oppertunities for them to make corrections
- open ended questions to get full understanding. Probing questions to seek clarity
- check employee to see what other enquiriers they believe should be made.
What should be considered after the investigation meeting
- review documentation. Ensure everything is captured while fresh in mind
- Verify notes with interviewe
- May have to interview employee a 2nd time if new informaiton comes in. Be sure to give employee this information and an opertunity to comment on it.
If a disciplinary warning is to be issued, who makes this decision?
District Commander or Nat Manager (or above). Can be delegated to inspector. In this case decsions made in consultaiotn with their manger and HR
Who is the decision maker for a dismissal recommendation?
District Commander or above in consultaiton with their manager and HR
What are the 2 main disciplinary outcomes and 3 outcomes for lower level or no misconduct
- Warning and Fnal Warning
- Dismissal
- NFA, Performance Management, professional conversation for lower level.
What is a warning generally for?
Misconduct
What is a final warning for?
- for serious misconduct or where prevoius warnings have been given
A step away from dismissal, a last chance.
When is dismissal outcome appropriate? (5)
When police has no trust and confidence for example:
- Further misconduct after a final warning
- Serious misconduct warranting dismissal
- Repeated performance issues not remedied through performance management leading to disciplinary process
Also need to give consideration to alternatives proposed by employee
What is a summary dismissal and when is it warranted?
For most serious cases and employee wont be required to work out their notice period
What is ‘Ki Tu’ Unaccpetable Behaviour Policy
What is its purpose
‘Standing for what is right’
- Enable anyone to speak up confidentially and resolve harmful behaviour
- Provide advice on how to access support
- shared understading on what is not acceptable
- Explain process for raising concerns about unaccpetable behaviour
- outline support types available
- restorative approach
- define responsibilities to maintina safe, inclusive wprkplace and high performance culture
What are the five Ki Tu prinicples
- People centric
- Trusted
- Responsive
- Safe
- Accountable
What is unaccpetable behaviour
Not only physical harm but srious emotional distress. Bullying, cyberbullying, discrimination, harassment, sexual harassment, racial harassment, indecent assault, sexual violatin.
Whati is not unacceptable behaviour
- differences of opinion
- Legitimate leadership action to improve performance
- Isolated incident of abruptness
What are the four options of responding to and dealign with unacceptable behaviour
- address it yourself (esp low level and one off comments)
- Address with suppport
- Address with a manager. If serious, manager with your consent may formally report concern
- Report it confidentially. 0800 2 kia tu or online
What happens to respondents
- Police advise you of concern
- ensure provided with appropriate assistance and support
- explain process and how confidentiality protected
- provide opertunity to respond in writting and/or through interview
What are the four phases of early intervention?
Identify Analyse Engage Follow-up
Is Early Intervention used for disciplinary reasons?
No
What is the objective of Early Intervention?
To identify employees at risk of harm to themselves or others
Is the E I report held on a personal file?
No
