Staff Management

Question 1

Employment Relations Act 2000 (section 4)

What is the overall theme of this section

Answer 1

Parties to employment relationship to deal with each other in good faith

Question 2

NZ Police Code of Conduct

Who and when does it apply to

Answer 2

Anyone who is employed or engaged by New Zealand Police

Also applies to what we do outside of working hours

Question 3

How can we be sure our conduct complies with the code and policies?

Answer 3

The SELF test

Question 4

In considering if a behaviour or decision is a breach of this Code and how serious it is, the factors that may be considered are:

Answer 4

• Intent – did you knowingly make decisions or act out of line with this Code, Our Values and policies?
• Your position, duties and responsibilities
• Your ability to fulfil your duties and responsibilities
• The impact on the organisation and relationships
• Impact on the trust and confidence Police has in you
• How similar behaviour has been treated in the past

Question 5

What is misconduct?

Answer 5

Behaviour or actions that breach this Code of Conduct or other Police policies

Question 6

What is serious misconduct?

Answer 6

Behaviour or actions that breach this Code of Conduct or other Police policies and employment agreements and seriously undermine or damage the trust and confidence Police has in you

Question 7

In the performance improvement guidelines what are the stages?

Answer 7

Targeted Performance Conversations - outside of normal scheduled conversations

Performance Improvement Plan (PIP)

Question 8

What is the manager responsible for at the PIP meeting?

Answer 8

• Defining the performance issues
• Letting the employee know that they risk jeopardising their continued employment if their performance does not improve
• Allowing the employee opportunity to provide an explanation or reason for their performance not meeting the required standard

Question 9

What is contained within a PIP

Answer 9

• Outline improvement actions that are relevant and timely
• Clearly document when the actions will take place, who will support it and what the desired outcomes are
• Allow sufficient time and opportunity for the employee to improve their performance
• State when progress will be reviewed

Question 10

What are the employee responsibilities of a PIP

Answer 10

Actively engage in the performance improvement process

Work to improve their performance within the agreed timeframe

Engage in regular performance conversations in line with the PHPF schedule

Question 11

What are the Manager responsibilities of a PIP

Answer 11

Evaluate the employee’s progress

Enable the employee to action the required activities, such as providing training or organising a buddy

Engage in regular performance conversations in line with the PHPF schedule

Question 12

Where conditions of PIP not met what processes are available

Answer 12

1. Formal verbal warning (also recorded in writing)
2. Formal written warning
3. Final written warning
4. Dismissal

Question 13

Describe the stages of the Disciplinary Process

Answer 13

Initial Assessment
Categorisation
Criminal and Employment investigations
Restricted Duties, Suspension and Stand Down
Drafting Allegations
Investigation – Initial steps
Investigation and Investigation Meeting
Making the decision
Outcomes

Question 14

What types of matters are considered at a categorisation meeting

Answer 14

• Internally identified matters that may involve a breach of Our Code or criminal offending
• Complaints that we have concerns about
• Notifiable incidents under section 13 of the Independent Police Conduct Authority Act or under the memorandum of understanding between Police and the IPCA.
• Significant Traffic matters

Question 15

What is not considered at a categorisation meeting

Answer 15

• Poor performance

* One off low level misconduct or mistakes that can be dealt with by the manager

Question 16

Types of possible outcomes at a categorisation meeting

Answer 16

• No further action
• Performance management
• Employment investigation
• Criminal investigation

Question 17

Is the outcome at a categorisation meeting an employment investigation? - what else should be considered?

Answer 17

• Is restricted duties, stand down or suspension appropriate? (See: Restricted Duties, Suspension and Stand Down )
• Who should be the investigator?

Question 18

Where a matter leads to a criminal investigation when should you proceed with the employment investigation

Answer 18

Aspects of the employment investigation which do not raise issues of self-incrimination may proceed where possible

Question 19

What is the purpose of an investigation meeting

Answer 19

• To hear from the employee regarding their view and explanation on the situation or conduct.
• To seek clarity or explore any aspect of the situation that is not clear or where witness accounts do not match

Question 20

What should you ensure that the employee has before an investigation meeting

Answer 20

− has sufficient notice of the meeting (link to template letter)
− is aware of the allegations and concerns that you need to discuss with them
− has received copies of all relevant information to be relied upon
− has had the opportunity to bring along representation or support

Question 21

Who needs to consent to the digital recording of an investigation meeting

Answer 21

Everyone in the room needs to be aware and consent

Question 22

Who makes the decision on sanction following an employment investigation (Disciplinary warning)

Answer 22

District Commander or National Manager and above
May be delegated to Inspectors or equivalent level managers
Decisions are made in consultation with his or her manager and HR.

Question 23

Who makes the decision on sanction following an employment investigation (Dismissal)

Answer 23

District Commander, General Manager: Training
National Manager: Communication Centres and SITE
Assistant Commissioners and above

Question 24

What are two main types of disciplinary outcomes

Answer 24

• Warning / Final warning

* Dismissal

Question 25

Personal grievance means any grievance an employee may have against Police because of a claim that the employee has been:

Answer 25

• unjustifiably dismissed, or
• subjected to disadvantage in that their employment or one or more condition of their employment is, are or was affected to the employee’s disadvantage by some unjustifiable action by Police, or
• discriminated against in their employment, or
• sexually or racially harassed in their employment, or
• subjected to duress in their employment relating to membership or non-membership of a union or service organisation.

Question 26

What is the employment relationship problem processes

Answer 26

1 The employee raises the problem with the appropriate manager.
2 The parties engage in informal dialogue to discuss the problem and attempt to resolve it in good faith.
3 If informal dialogue does not resolve the problem, the employee may take the matter to another manager or progress the matter to the next step. This may include raising a personal grievance.
4 If the problem remains unresolved, one or other party may refer the matter to mediation.
5 If the matter is not resolved at mediation either party may seek resolution through a more formal process, for example the Employment Relations Authority or the Human Rights Commission.

Question 27

Employees who believe they have an employment relationship problem should follow these steps

Answer 27

1 The employee should raise any employment relationship problem with their supervisor.

2 An employee wishing to raise an employment relationship problem may do so either verbally or in writing. The employee is encouraged to complete the Notification of employment relationship problem, or to use that as a guide as to what information is required.
…

Question 28

What period of time should a personal grievance be raised within

Answer 28

90 days beginning on the date the action giving rise to the personal grievance occurred

Question 29

Who does the Discrimination and harassment policy apply to

Answer 29

• situation where a person in the workplace makes an allegation of discrimination and/or harassment
• Police employees, volunteers, contractors or other persons who are engaged by Police or who provide services to Police

Question 30

If the workplace harassment is to be resolved formally then the complainant and the respondent have additional rights to:

Answer 30

• have an impartial investigator and decision-maker appointed to the process
• be heard (verbally and/or in writing) by the investigator and decision-maker
• be kept informed about the progress of the investigation
• a timely investigation
• be advised of the outcome of the investigation.

Question 31

What is discrimination

Answer 31

Where the employee is discriminated against in their employment (directly or indirectly) on the basis of sex, marital status, religious or ethical belief, colour, race, ethnic or national origins, disability, age, political opinion, employment status, family status or sexual orientation or by reason of the employee’s involvement in the activities of a service organisation/union

Question 32

Harassment is behaviour directed towards an employee, volunteer or contractor by any person engaged by Police that meets all these criteria:

Answer 32

• the behaviour is not legitimate
• it is unwelcome and unsolicited
• the employee, volunteer or contractor considers the behaviour to be offensive, intimidating, humiliating or threatening, and
• the behaviour is either repeated, or of such a significant nature, that it has a detrimental effect on the employee’s, volunteer’s or contractor’s employment, job performance or job satisfaction.

Question 33

What is not discrimination or harassment

Answer 33

• issuing reasonable instructions and expecting them to be carried out
• warning or disciplining someone having followed a fair process in accordance with organisational policy
• requiring reasonable standards of performance in terms of quality, style and team co-operation
• legitimate criticisms about work performance expressed in a constructive manner, including during the performance appraisal process, and requiring a justified improvement in performance
• affirmative action policies
• parental leave provisions
• reasonable accommodation and provision of work aids for staff with disabilities.

Question 34

Sexual harassment of an employee, volunteer or contractor occurs where any person engaged by Police, directly or indirectly #1

Answer 34

makes a request of the employee, volunteer or contractor for sexual intercourse, sexual contact, or other form of sexual activity that contains an implied or overt:

• promise of preferential treatment in their employment
• threat of detrimental treatment in their employment, or
• threat about their present or future employment status,

Question 35

Sexual harassment of an employee, volunteer or contractor occurs where any person engaged by Police, directly or indirectly #2

Answer 35

by the use of language (written or spoken) of a sexual nature, visual material of a sexual nature, or physical behaviour of a sexual nature subjects the employee, volunteer or contractor to behaviour that is unwelcome or offensive to them (whether or not that is conveyed to the person) and that is either repeated, or of such a significant nature, that it has a detrimental effect on the employee’s, volunteer’s or contractor’s employment, job performance or job satisfaction.

Question 36

What are the 5 steps in resolving allegations of discrimination and/or harassment

Answer 36

1 A complainant gives notification of discrimination or harassment and the seriousness of the allegation is assessed.
2 The process for resolving the allegation is determined.
3 In appropriate cases, the human resources manager meets with the respondent.
4 Resolution options are agreed and actioned.
5 If resolution is not achieved a complainant may invoke other processes under the Employment Relations Act 2000 or the Human Rights Act 1993

Question 37

Maintaining professional distance policy - The key things to note in this policy are that employees are expected to:

Answer 37

• be aware of the need to maintain a professional distance from those we deal with in our work
• appropriately manage any personal relationship where a conflict of interest or imbalance of power arises, by declaring it to their supervisor, and
• avoid any such relationships that are unethical or inappropriate

Question 38

Professional relationships we develop with members of the public may be unequal due to

Answer 38

• members of the public being required to disclose private, confidential or highly personal information to us, which is not reciprocated
• the ability and power held by us to make decisions relating to some people, e.g. we may have the power to arrest, to detain, to further a complaint or issue an infringement, or otherwise affect outcomes for that person
• a member of the public being vulnerable due to personal circumstances

Question 39

Forming a personal relationship, and in particular a sexual relationship with the following groups of people whilst they interact with you in a professional capacity, creates the greatest risk of a conflict of interest or imbalance of power and are therefore considered to be unethical and must be avoided:

Answer 39

• Offenders when they have current charges and/or a known criminal history
• victims
• witnesses and their family members
• informants
• vulnerable persons where a duty of care exists
• any person in custody
• complainants

Question 40

Personal use of social media

Dos

Answer 40

• When posting personal opinions on your personal social media accounts, make sure that it’s clear that it is your own view and not the Police view on a particular issue.
• Only access personal social media sites at work as outlined in the ‘Information management, privacy and assurance’ chapter in the Police Manual.
• Select high privacy settings on your personal accounts to prevent others (including media) viewing or using your information and photos.
• Be aware of security advice issued through the Bulletin Board – do what you can to avoid being the victim of harassment, identity theft, or other unwanted attention from criminals

Question 41

Personal use of social media

Don’ts

Answer 41

• Posting photos of yourself in uniform on personal social media accounts, or anything that identifies you as a Police officer is not recommended.
• Don’t use your personal email address or phone number for Police social media accounts.
• Don’t post anything that can bring Police into disrepute or negatively impact the reputation of Police (i.e. anything in breach of our Code of Conduct).
• Don’t post anything that compromises your security or the security of family or colleagues (e.g. posting personal information such as phone numbers or addresses).
• Don’t use Facebook as a channel to send unprompted messages to members of the public, e.g. we need your help – tracking someone down is for Intel. As anyone can set up a social media profile and claim to be a Police officer (via a non-NZ Police verified page), this kind of practice is a risk we need to avoid. If a member of the public has contacted Police (through Facebook for example), then it is OK as they have asked to be contacted.