Staff Management Flashcards
Who does the Code of Conduct (CoC) apply to?
Everyone employed or engaged by NZP. Incl perminant, temporary, casual, contractors, consultants, volunteers and others who have been advised the code applies to.
Does CoC apply outside working hours?
Yes
When does CoC apply outside of work hours?
When our actions bring NZP into disrepute or Damage Trust and Confidence police has in employer
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? (7)
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?
Examples (10)
A breach of CoC or policy
- Breach policies, procedure
- treat someone harshly
- abusive, offensive language
- misuse Police internet or email
- use Police database for unautherised or personal use
- absent, late from/to work without proper reason
- fails to declare Conflict of Interest
- misuse, neglect Police property
- Not complyng with lawful & reasonable instruction without good/sufficient reason
- Bring Police into disrepute through actions or behaviour
What is serious misconduct
examples (9)
Breaching CoC or policy or employment agreements that seriously undermine or damage trust and confidence. “It is behaviour or actions that may justify dismissal”
- Convicted, guilty of offence
- Corruption
- Bullying or Harassment
- Sexual misconduct
- Theft/dishonesty of any kind
- Unautherised access, disclosure of information or matter related to Police business including NIA
- Repeated misconduct (including breach of warning)
- Knowingly makes false statement or declaration including incorrectly recording data
- Excessive unjustified violence
Who can work FEO?
Any employee can apply
What are the benefits of FEO? (4)
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
What are the four steps in performance management?
- Informal meeting
- Performance Meeting
- Implement Performance improvement plan (PiP)
- Completion of PiP
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? (7)
- In private Informal two way
- Listen to their view (it may be evident there is no issue)
- Careful it doesn’t turn into disciplinary (may unintentionally deny rights ie support person)
- Reach agreement
- send letter recording discussion
- Follow up meeting time.
- Consider welfare
Prior to the performance meeting what should you do? (6)
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 (10)
- List performance to be improved Examples (Evidence)
- Minimum standard required Reference to CoC, position descriptions.
- Remedial steps & 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 of not meeting stanards
- Signatures
List the four responsibilities once PiP implemented
- ensure agreed assistance is 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? (10)
- 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.
- Outcome proportionate to nature and seriousness of offending
- 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
Disciplinary Process. Initial assessment. What to consider (5)
- Is there substance or is more information needed
- Is it necessary to speak to employee or others to determine next step.
- Is it breach of CoC, policy, employment agreement.
- What info is available for consideration
- 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 for categorising during disciplinary process? (4)
- Internally identified (breach of CoC or criminal offending)
- Complaints we’re concerned about
- Notifiable incidents per s 13 IPCA act
- Significant traffic matters
What is not considered in categorisation of disciplinary matters?
1: poor performance
2: one off low level misconduct or mistakes
types of outcomes of categorisation in disciplinary process? (4)
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.
- 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 investigation
- interfere with Police operations or routines
- nature and gravity of conduct prejudice public interest or damage reputation of Police
What is the purpose of drafting allegations? (3)
- 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 (3)
- establish and consider facts
- assess actions are breach of CoC, policies, agreements and values
- may be determined no further investigation needed (ie enough information 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 useful
- external investigator if complex, sensitive, additional independance
- District Commander or National manager with advice from HR can determine best investigator
- if subject to criminal investigation there needs to be a seperate investigator
What is the standard of proof for an employment investigation?
Balance of probabilities if not Criminal investigation
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 employment investigation and a criminal investigation
- Employment investigation information is disclosed and employee has time to consider it.
- Criminal investigation don’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, Received 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 understands 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 opportunities for them to make corrections
- open ended questions to get full understanding. Probing questions to seek clarity
- check employee to see what other enquiries they believe should be made.
What should be considered after the investigation meeting (3)
- review documentation. Ensure everything is captured while fresh in mind
- Verify notes with interviewee
- May have to interview employee a 2nd time if new information comes in. Be sure to give employee this information and an opportunity 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 decisions made in consultation 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? (3)
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 (7)
‘Standing for what is right’
- Enable anyone to speak up confidentially and resolve harmful behaviour
- Provide advice on how to access support
- shared understanding on what is not acceptable
- Explain process for raising concerns about unacceptable behaviour
- outline support types available
- restorative approach, rebuild trust, restore relationships
- define responsibilities to maintain a safe, inclusive workplace and high performance culture
What are the five Ki Tu prinicples
- People centric - Our people at centre
- Trusted - trust each other and processses
- Responsive - quickly and proportionately to behaviour
- Safe - safe healthy work environment where people can be self and thrive
- Accountable - for behaviour and short falls will be addressed
What is unacceptable behaviour
People experiencing harm due to another persons behaviour at work. Not only physical harm but serious emotional distress.
Bullying, cyberbullying, discrimination, harassment, sexual harassment, racial harassment, indecent assault, sexual violation.
What 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 dealing 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 (4)
- 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
