CH 7 - Staff Management (Performance Mgmnt/Disciplinary Process) Flashcards
(23 cards)
Who does the NZP Code of Conduct apply to?
Anyone who is employed or engaged by NZP, regardless of position or rank held.(permanent, temporary, contractor, consultants)
What is the SELF-test?
- Scrutiny
- Ensure Compliance
- Lawful
- Fair
What factors must be considered when considering if a behaviour/decision has breached the CoC? Clue:
- Nat
- Int
- Po-Du-Re
- Ab
- Im -NZP
- Im -Tr
- Sim
- Nature and circumstances
- Intent -was decision made knowingly
- Position, Duties, Responsibilities
- Ability to fulfil duties/responsibilities
- Impact on NZP and relationships
- Impact on trust & confidence of NZP in member
- How similar behaviour dealt with in past
What is serious misconduct?
Clue: “Behaviour/Actions that…..”
- BCC
- Pol
- Eag
- Se Un T&C
- Qu Rel
- Breach CoC
- Policies
- employement agreement and
- seriously undermines or damages the trust & confidence police have in the member
- questioning if relationship can continue.
Is Performance management a disciplinary process?
Can perfomance management become a disciplinary matter?
- No
- Yes but only where an employee has been unable or unwilling to satisfactorily improve following a Performance Improvement Plan
Performance Management: When having an ‘informal discussion,’ how should this be done?
- T in P
- List
- Not D
- Agree
- Lett
- Ag Fo-Up M
- Well
- Talk in private
- listen to employee
- don’t become formal disciplinary action
- reach an agreement where possible
- Send letter of discussion
- Arrange follow-up meeting
- Wellness services?
What should you do before a ‘PERFORMANCE MEETING’ with a staff member?
Clue:
- Id Min St
- Inv Let
- Fil
- D HRM
- Disc Che
- Ar Sp Per
- Identify minimum standard & shortfall (keep discussion on shortfall)
- Invitation letter Set up PM
- File (Separate to PA file)
- Discuss with HRM (about options)
- Discussion checklist
- arrange support person (where required)
What are the five parts you should go through during a ‘Performance Meeting’ with a staff member?
Clue:
- Int
- Pr Inf
- Op 2 Re
- Pr sol
- Rec Ke
Clue: Think about the steps you would take in sequence, start with introduction….
- Introduction
- Provide Information
- Opportunity to respond
- Problem solving
- Record Keeping
What ten things should a Performance Improvement Plan contain?
(10)
Longer version but think SMART
- Performance to be improved
- Minimum acceptable standard
- Remedial steps
- support and resources
- Feedback
- How & when
- Review Period
- Progress meeting dates
- Start Date of PIP
- Consequences possible
- Signatures
What must Police, employees and their representatives do in ‘Good Faith’ when engaging with each other? (3)
Clue:
- O H R
- Res & Com
- Maint
- engage openly honestly and respectfully
- responsive and communicative
- Maintaining a relationship - active and constructively
When should an employment investigation be undertaken?
Only when there is a good reason to do so.
If undergoing an employment disciplinary process, when should an employee be put on restricted duties, suspended or stood down?
Clue:
- Ri
- Appr 2 Rem Emp
- Risk in allowing them to continue current duties necessary and
- Appropriate to remove employee (seek HR advice before doing this)
What are the nine steps of the ‘Disciplinary Process Guidelines?’ Clue:
- I A
- Cat
- C&EI
- Res Dut/Sus/Sta Dow
- Dr Al/Disc
- Inv Ini St
- inv & Inv M
- Dec
- Out
- Initial Assessment
- Categorisation
- Criminal & Employment investigations (how/when)
- Restricted duties/suspension/stand down
- Drafting Allegations -disclosure
- Investigation-Initial steps
- Investigation & Investigation meeting
- Making decision
- Outcomes
What are the five considerations when doing an initial assessment of a potential DISCIPLINARY MATTER?
Clue:
- Any Sub
- Sp/Not the Empl
- B of CoC
- Wh inf Avai
- App Nex St
- Any substance/need more information
- Speak/notify employee?
- Breach? (CoC, policy, employment agreement)
- What info available for consideration?
- appropriate next steps?
When ‘Categorising’ a disciplinary matter, what four types of matters are considered?
Clue: #
- Internally Id
- Comp C Con
- IPCA
- Sig Traf
- Internally identified
- Complaints causing concern
- IPCA s.13 (Notifiable incidents)
- Significant traffic matters
Disciplinary Process: What are the four possible outcomes of the ‘Categorisation’ part of the process?
Clue:
- N
- P Man
- EI
- CI
- No further action
- Performance Management
- Employment Investigation
- Criminal Investigation
Discipline Process: When a matter leads to both an employment Investigation and a criminal investigation, when can the employment investigation begin?
Aspects of the employment investigation which do not raise issues of ‘self-incrimination’ may proceed where possible.
Disciplinary Process: What four risks need to be considered when considering to impose restricted duties or suspend or stand down an employee during an investigation?
Clue:
- H & S Ris
- Int Inv
- Int pol Ops
- Gra
- Health & safety risk
- Interfere with Investigation risk
- Interfere with normal police operations/police routine
- Gravity of alleged conduct (Public Interest)
What is the difference between an employment Investigation and a criminal Investigation when it comes to:
- participation by the employee
- disclosure to the employee
- time to consider before commenting
- what standard of proof test?
Employment Investigation:
- expectation to participate in good faith
- relevant info to be disclosed
- allowed time before commenting
- balance of probability Criminal Investigation
Criminal Investigation:
- no requirement to participate
- don’t necessarily disclose info
- don’t need to give time to comment
- beyond resonable doubt
Before an investigation meeting with an employee, what four things should you ensure about the employee?
Clue:
- Suf Not
- Aw of Al
- Cop of Rel
- Rep/Sup
- sufficient notice
- aware of allegations & concerns
- copies of relevant info
- representation/support
Disciplinary Process Making the decision: After an investigation, who can make the decision to:
- Give Disciplinary Warning
- Dismissal
- Warning = DC or NM (may delegate to Inspector or equivalent).
- Dismissal = DC or GM: Training, NM Comms, Assist Commissioner or above (all in consultation with HR)
Hold employment investigation in abeyance
Can an employment investigation be held in abeyance?
YES -
- Employee raise issues relating to the potential prejudice to their defence in the criminal proceedings
- Must be given full consideration
- National Manager: Professional Conduct and the National Employee Relations Manager must be consulted prior to any undertakings or decisions being notified to the employee.
- Regardless of the outcome of the criminal justice process, Police will, where appropriate, undertake an employment investigation to determine whether there has been a breach of the Code of Conduct in relation to the same incident
What happens when an employment Investigation is concluded prior to the outcome of a Criminal Investigation?
Any employment investigation that is not held in abeyance** and is concluded prior to the end of the criminal justice process, **cannot be revisited, regardless of the outcome of the criminal justice process
