Staff Management Flashcards
Staff Management
Code of Conduct
What is the SELF test ?
SCRUTINY = Would your decision or behaviour withstand scrutiny and be seen as appropriate by others
ENSURE COMPLIANCE = Does your decision or behaviour comply with the code and Police policy, GI’s and expectations
LAWFUL = Is your decision or behaviour lawful
FAIR = Is your decision or behaviour fair and reasonable
Staff Management
Code of Conduct
In considering breaches of the code, the factors we consider are … ?
- Nature and circumstances
- Intent
- Your position, duties and responsibilities
- Your ability to fulfil duties and responsibilities
- The impact on organisation and relationships
- Impact on Trust and Confidence Police has on you
- How similar behaviour treated in past
Staff Management
Code of Conduct
What is serious misconduct ?
- Convicted of offence
- Corruption - accept bribe, inducement or reward
- Bullying or Harassment
- Sexual Misconduct
- Theft / Dishonesty of any kind
- Unauthorised access, disclosure of info in NIA
- Repeated Misconduct
- Knowingly make false declaration or statement
- Excessive unjustified violence
Staff Management
Performance Management
Is Performance Management a “disciplinary process” ?
NO …
That only occurs if Staff member has been unwilling, unable to satisfactorily improve following a PIP
Staff Management
Performance Management
Explain the steps for managing performance ?
Step 1 - Informal discussion
Step 2 - The Performance Meeting
Step 3 - The Performance Improvement Plan (PIP)
Step 4 - Completion of the PIP (Required Standard reached)
Staff Management - Performance Management
Disciplinary Process - Non Performance.
When a invite is arranged for a disciplinary meeting, who should be involved at this stage ?
The EPM must be involved
Staff Management - Performance Management
Disciplinary Process - Non Performance.
What is the purpose of the disciplinary process ?
To ensure breaches of Our Code are managed and dealt with fairly and in good faith with view to improving conduct.
Staff Management - Performance Management
Disciplinary Process - Non Performance.
Good Faith - Police, it’s employees and representatives must …?
- Engage openly, honestly and respectfully
- Responsive and communicative
- Active and constructive in maintaining productive employment relationship
Staff Management - Performance Management
Disciplinary Process - Guidelines
What is the purpose of an employment investigation ?
To establish what conduct has occurred and whether conduct is misconduct and seriousness of it
Staff Management - Performance Management
Disciplinary Process - Guidelines.
Possible pathways to deal with breaches of the code …
- No conduct/performance issues
- Potential misconduct/serious misconduct
- Performance issue
*No conduct or performance issues
= NFA, But if employee aware of issue, notify in writing
*Misconduct/Serious Misconduct
= Refer to HR to determine next steps. If Criminal, work with PPS
*Performance issue
= Manager to manage and may seek HR advice
Staff Management - Performance Management
Disciplinary Process - Guidelines.
If an employment matter is “confidential”, has a disciplinary process been commenced ?
NO, it’s handled sensitively and kept need to know basis
Staff Management - Performance Management
Disciplinary Process - Categorisation
Who categorises complaints ?
Generally between Manager and HR
If complex or serious, may include ER for guidance and if Criminal PPS
Staff Management - Performance Management
Disciplinary Process - Categorisation
What types of things are not categorised ?
- Poor performance
* One off low level misconduct or mistakes (can be dealt with by the manager)
Staff Management - Performance Management
Disciplinary Process - Categorisation
What types of possible outcomes are there from Code breaches ?
- NFA
- Performance Management
- Employment Investigation
- Criminal Investigation
Staff Management - Performance Management
Disciplinary Process - Categorisation
Can an employment investigation that is NOT held in abeyance and is concluding before the criminal process be revisited ?
NO - and this is regardless of the criminal justice outcome
Staff Management - Performance Management
Restricted Duties, Suspension and Stand Down
Where should you seek advice before making decision to place employees on restricted or suspension ?
Human Resources
Staff Management - Performance Management
Restricted Duties, Suspension and Stand Down
This may be appropriate whilst employee under investigation to mitigate risks that may arise in workplace. These risks may include what … ?
RISK;
- H and S of employee
- Employee will interfere in investigation
- Employee will interfere with Operations or disrupt routines
- Nature/Gravity of conduct may prejudice public interest or damage reputation Police
Staff Management - Performance Management
Restricted Duties, Suspension and Stand Down
What options do Police have with employees to mitigate risks in the workplace … ?
Police may:
- 1 Allow Employee remain in job with Supervision
- 2 Restricted duties
- 3 Suspend from duty
- 4 Temporary stand down, while assessment made
2,3,4 = unless immediate need to remove, seek feedback from employee before making decision
Staff Management - Performance Management
Restricted Duties, Suspension and Stand Down
Suspension will be on full pay unless … what ?
- Employee on LWOP at time of suspension
- Employee refuses to engage in process or obstructs Investigation, and is given opportunity to make submissions on proposal
Staff Management - Performance Management
Restricted Duties, Suspension and Stand Down
During RD or Suspension, employees may be subject to what sort of conditions ?
- Hand in ID, no uniform, no police duties
- No promoting or apply for any jobs
- Training put on hold, if RD can apply to Dep. Chief Executive People to continue on framework
- No tertiary study assistance
- No secondary employment during police hours … required to make themselves available for meetings
Staff Management - Performance Management
Restricted Duties, Suspension and Stand Down
What is the purpose of an investigation ?
To establish and consider facts of what happened and assess whether their actions were in Breach of Code, policies, employment agreement and Our Values
Staff Management - Performance Management
Restricted Duties, Suspension and Stand Down
The investigation … Remember if the allegation is more serious .. what ?
The more sure the Police need to be of what has happened
Staff Management - Performance Management
Restricted Duties, Suspension and Stand Down
What is the purpose of the Investigation meeting with the employee ?
- Hear employees view and explanation on situation or conduct
- Seek clarification or explore aspect of situation that’s not clear
Staff Management - Performance Management
Restricted Duties, Suspension and Stand Down
What are the Two Stages to making a decision ?
- Preliminary decision
* Final decision
Staff Management - Performance Management
Restricted Duties, Suspension and Stand Down
What are the two types of disciplinary “outcomes” ?
- Warning / Final warning
* Dismissal
Staff Management - Performance Management
Restricted Duties, Suspension and Stand Down
If an employee is subject to a Summary Dismissal, are they required to work their notice period ?
NO
Staff Management - Performance Management
Early Intervention Policy
What are the four phases to an Early Intervention ?
- Identification
- Analysis
- Engagement and Intervention
- Feedback and Follow Up
NOTE: This is NOT a disciplinary process.
Staff Management - Performance Management
Early Intervention Policy
What is the objective of Early Intervention ?
To identify when personal issues may be impacting on work performance … to reduce risk of harm to themselves and others
Staff Management - Performance Management
Early Intervention Guidelines
Is any information from the Early Intervention meetings held on a staff members personnel file ?
NO
Staff Management - Performance Management
Early Intervention Guidelines
Information from EI meetings cannot be disclosed without the employees consent UNLESS you reasonably believe … what?
- Is for purpose for which it was obtained or directly relates to one of these purposes
- Necessary prevent threat to public health or safety or life or health of person
- Avoid prejudice to maintenance of law
- Part of any Court process
Staff Management - Performance Management
Integrity reporting / Speaking Up
What does NOT apply under this policy when reporting inappropriate behaviour ?
- Issues of your terms and conditions of employment
- Personal grievances
- Accusations known to be false
Staff Management - Performance Management
Integrity reporting / Speaking Up
What are the three tiers of support that exist around Speak Up ?
- Tier 1 = Core Supervisory Reponsibilities
- Tier 2 = Proactive Management
- Tier 3 = Active Intervention
Staff Management - Performance Management
Integrity reporting / Speaking Up
Self reporting - What “km ph” do you need to be driving in excess of, where you MUST self report ?
40 km ph
Staff Management - Performance Management
Discrimination and Harassment Policy
What is the purpose of this policy ?
- Promote fair treatment and timely resolution
- Provide procedure to effectively deal with D and H, and promote obligations under:
- Human Rights Act
- H and S Act
- Employment Relations Act
NOTE: This replaces Sexual Harassment Policy
Staff Management - Performance Management
Discrimination and Harassment Policy
What is Discrimination ?
On the following basis (directly or indirectly):
- sex
- marital status
- religious or ethical belief
- colour, race, ethnic
- disability
- age
- political opinion
- employment status
- family status
- sexual orientation
- involvement in unions etc
Staff Management - Performance Management
Discrimination and Harassment Policy
What is NOT Harassment ?
- Issuing reasonable instructions
- Warning or disciplining after fair process
- requiring reasonable standards of performance (quality, style and team co-operation)
- legitimate criticisms about performance
- affirmative action policies
- parental leave provisions
- reasonable accommodation and aids for staff with disabilities
Staff Management - Performance Management
Discrimination and Harassment Policy
What are the Employers Statutory Responsibilities under this policy ?
- Take practical steps to provide safe working environment
- Principle of Natural justice, including thorough and fair investigation
- Decisions based on what fair and reasonable employer would do
