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?
- Ensure Compliance
What factors must be considered when considering if a behaviour/decision has breached the CoC? Clue:
- Im -NZP
- Im -Tr
- 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…..”
- Se Un T&C
- Qu Rel
- Breach CoC
- 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?
- 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
- Not D
- Ag Fo-Up M
- 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?
- Id Min St
- Inv Let
- 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?
- Pr Inf
- Op 2 Re
- Pr sol
- Rec Ke
Clue: Think about the steps you would take in sequence, start with introduction….
- Provide Information
- Opportunity to respond
- Problem solving
- Record Keeping
What ten things should a Performance Improvement Plan contain?
Longer version but think SMART
- Performance to be improved
- Minimum acceptable standard
- Remedial steps
- support and resources
- How & when
- Review Period
- Progress meeting dates
- Start Date of PIP
- Consequences possible
What must Police, employees and their representatives do in ‘Good Faith’ when engaging with each other? (3)
- O H R
- Res & Com
- 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?
- 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
- Res Dut/Sus/Sta Dow
- Dr Al/Disc
- Inv Ini St
- inv & Inv M
- Initial Assessment
- Criminal & Employment investigations (how/when)
- Restricted duties/suspension/stand down
- Drafting Allegations -disclosure
- Investigation-Initial steps
- Investigation & Investigation meeting
- Making decision
What are the five considerations when doing an initial assessment of a potential DISCIPLINARY MATTER?
- 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?
- Internally Id
- Comp C Con
- 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?
- P Man
- 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?
- H & S Ris
- Int Inv
- Int pol Ops
- 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?
- expectation to participate in good faith
- relevant info to be disclosed
- allowed time before commenting
- balance of probability 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?
- Suf Not
- Aw of Al
- Cop of Rel
- sufficient notice
- aware of allegations & concerns
- copies of relevant info
Disciplinary Process Making the decision: After an investigation, who can make the decision to:
- Give Disciplinary Warning
- 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?
- 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