STAFF MANAGEMENT 1: Employment relationship problem policy

Question 1

Employment relationship policy.

Overview: What does the Employment relationship policy do? (2)

Answer 1

1. Details processes, obligations, responsibilities of the Commissioner and Police employees for resolving employment relationship problems.
2. Is consistent with the Commissioners commitment to act as a good employer.

Question 2

Employment relationship policy.

Overview: Who does the Employment relationship policy apply?(2)

Answer 2

1. All police employees AND
2. All employment relationship problems.

Question 3

Employment relationship policy.

Overview: Who does the Employment relationship policy not apply to? (3)

Answer 3

1. Independent contractors but can apply where an employment relation problem arises due to their actions.
2. Matter that has another specific review or resolution procedure i.e. Appointment Review policy or Discrimination and Harassment policy etc.
3. Any matter subject to a claim under Human Rights Act 1993.

Question 4

Employment relationship policy.

Overview What 4 principles apply to all employment relationship problems?

Answer 4

1. Both parties must act in ‘Good Faith’.
2. Both parties are encouraged to use dialogue and exchange relevant info to seek a resolution (consider mediation).
3. Employee’s right to representation at any stage of the process.
4. Both parties initially responsible for resolution.

Question 5

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)

Answer 5

1. Problem relates to action/inaction supervisor.
2. Involves some other reason that justifies escalating responsibility to a more senior person.

Question 6

Employment relationship policy.

Definitions: Under s5 ER Act 2000 - what is the definition of a ‘dispute’? (3)

Answer 6

Means a dispute about the: Interpretation, application or operation of an employment agreement.

Question 7

Employment relationship policy.

Definitions: Under s5 ER Act 2000 - what is the definition of ‘Employment relationship problem’? (2)

Hint: Includes and does not include.

Answer 7

Includes:

PG, a dispute, any other problem arising from ER.

Does not include:

Any problem with the fixing of new terms and conditions.

Question 8

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)

Answer 8

1. Both parties providing sufficient info to enable them to consider a resolution.
2. Not acting in a way that will likely mislead/deceive the other party.
3. Listening to the other parties point of view.
4. Prepared to consider whether the matters raised by the other party justify modifying a previous decision/position re problem.
5. Being respectful/constructive when communicating and stating reasons for disagreement.
6. In a timely manner, actively taking steps to progress resolution to the next stage of the process.
7. Limiting involvement to those who are directly involved in the problem/resolution.

Question 9

Employment relationship policy.

Definitions: Under s144 ER Act 2000 what is the definition of mediation?

Answer 9

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.

Question 10

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)

Answer 10

1. Unjustifiably dismissed.
2. Unjustifiably disadvantaged in their employment.
3. Discriminated against in their employment.
4. Sexually or racially harassed in their employment.
5. Subjected to duress in their employment relating to membership or non-membership of a union or service organisation.

Question 11

Employment relationship policy.

Employment relationship problem resolution procedure: What are the 5 key steps in the process of resolving employment relationship problems?

Answer 11

1. Employee raises problem with appropriate manager.
2. Parties engage informal dialogue raising the problem and attempting to resolve in good faith.
3. If not resolved may take to another manager or raise PG.
4. If not resolved may refer to mediation.
5. If not resolved at mediation may seek more formal process (Employment Relations Authority ERA, Human Rights Commission).

Question 12

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?

Answer 12

1. Employee should raise any employment problem with their supervisor.
2. May do so in verbally or in writing.

NB: Employee encouraged to complete the notification of employment problem.

Question 13

Employment relationship policy.

Employment relationship problem resolution procedure. Raising a PG: When will an employee be treated as having raised a PG?

Answer 13

1. When they have provided sufficient information to enable Police to respond.
2. 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.

Question 14

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)

Answer 14

1. Must be raised within 90 days on the date the action giving rise to the PG occurred OR
2. From the date the employee became aware of it.

Question 15

Employment relationship policy.

Employment relationship problem resolution procedure: On receipt of a PG, the EPM/HRM must do what?

Hint: Send….

Answer 15

Send a copy to Employment Relations PNHQ asap with a memorandum outlining the situation.

Question 16

Employment relationship policy.

Employment relationship problem resolution procedure: When an employee raises a PG, what must the receiving manager do?

Hint: Send….

Answer 16

Send notification of the PG along with relevant details to the local EPM/HRM.

Question 17

Employment relationship policy.

Employment relationship problem resolution procedure.

Informal discussion: The employee has the right to be supported by service organisations or any other representative, throughout this process. What should the employee be offered in respect of this?

Answer 17

A genuine opportunity to seek advice/representation prior to the meeting.

NB: It is anticipated that most ER problems and personal grievances may be resolved through informal discussions.

Question 18

Employment relationship policy.

Employment relationship problem resolution procedure.

Informal Discussion: The Receiving manager, or another appropriate manager, should meet with the employee ASAP after the problem has been raised and actively engage in an informal constructive an informal constructive discussion to identify what? (4)

Answer 18

1. Nature of problem.
2. Any aspects that can be resolved immediately.
3. Any responses from Receiving Manager (proposals for managing or resolving).
4. Time-frames to respond if RM needs to obtain further info before responding on behalf of Police.

Question 19

Employment relationship policy.

Employment relationship problem resolution procedure.

Informal discussion: If an employee has raised a PG in the first instance, the Receiving Manager must do what before meeting the employee?

Answer 19

Liaise with their local EPM/HRM.

Question 20

Employment relationship policy.

Employment relationship problem resolution procedure.

Informal discussion: If any meetings are held, both parties are advised to keep what? (2)

Answer 20

1. Notes of what was discussed at these meetings
2. Any agreements, undertakings or action points reached.

Question 21

Employment relationship policy.

Employment relationship problem resolution procedure.

Informal discussion: Who else can be present during the informal discussion, including any meetings with employees?

Answer 21

Local EPM/HRM.

Question 22

Employment relationship policy.

Employment relationship problem resolution procedure.

Informal discussion: If the parties agree that the problem can be resolved at this stage, the Receiving Manager is responsible for what? (1)

Answer 22

1. Ensuring resolution is implemented in accordance with agreed time-frames.

Question 23

Employment relationship policy.

Employment relationship problem resolution procedure.

Informal discussion: In respect of resolutions in an informal discussion. What must exist for the ER problem to be treated as having been resolved? (2) Hint: Delegation/Actions

Answer 23

1. Any resolution agreed must be within delegations.
2. The resolution cannot include actions which may have National implications OR are outside the supervisor’s delegated authority.

Question 24

Employment relationship policy.

Employment relationship problem resolution procedure.

Informal discussion: If the problem cannot be resolved to the employee’s satisfaction during the informal discussion stage what can they decide to do? (4)

Answer 24

Take no further action. Discuss with another manager. Mediation. Invoke PG or Human Rights complaint.

Question 25

Employment relationship policy.

Employment relationship problem resolution procedure.

Mediation: Consider mediation if a problem has not been resolved through informal discussion. At this stage either party may make a request to who for mediation assistance?

Answer 25

Department of Labour.

Question 26

Employment relationship policy. Employment relationship problem resolution procedure. Employment Relations Authority: If the problem has not been resolved through mediation, the employee may lodge a statement of problem with Employment Relations Authority. What may they do?

Answer 26

Investigate the matter and issue a determination.