Staff Management 1 Flashcards
(108 cards)
1
Q
What does section 4 (1) of the Employment Relations Act 2000 say about how parties in an employment relationship must deal with each other
A
The parties in an employment relationship must:
- deal with each other in good faith and
- must not directly or indirectly do anything to mislead or deceive each other or
- that is likely to mislead or deceive each other
2
Q
What does section 4 (1 A) of the Employment Relations Act 2000 say about the duty of good faith
A
- good faith means employers/employees/or representatives must engage with each other in good faith/mutual obligations
- engage openly and honestly
- be responsive and communicative
- be actively constructive in maintaining a productive employment relationship
3
Q
What does section 4 (1 B) of the Employment Relations Act 2000 say about when the employer does not have to provide information
A
If information is confidential and there is a good reason to keep thee information confidential
4
Q
What would be a good reason pursuant to section 4 (1 C) of the Employment Relations Act 2000 to keep the information confidential
A
- Complying with statutory requirements to keep it confidential
- protecting the privacy of persons
- protecting the commercial position of the employer from being unreasonably prejudiced
5
Q
What does section 4 (2) of the Employment Relations Act 2000 say about who has employment relationships
A
- employer and employee
- a union and employer
- a union and union member
- a union and another union bargaining for the same collective agreement
- a union and another union that are parties to the same collective agreement
- a union and a member of another union where both unions are bargaining for the same collective agreement
- a union and a member of another union where both unions are parties to the same collective agreement
- an employer and another employer where both employers are bargaining for the same collective agreement
6
Q
What does section 4 (3) of the Employment Relations Act 2000 say about communication to another person
A
That a party to an employment relationship can communicate to anther person a statement or fact or opinion reasonably held about an employers business or unions affairs
7
Q
What does section 4 (6) of the Employment Relations Act 2000 say about what is a breach of good faith
A
- advising or inducing an employee:
not to be involved in bargaining for a collective agreement or - not to be covered by a collective agreement
8
Q
Who does the code of conduct apply to
A
Anyone who is employed or engaged by NP includes permanent, temporary, casual or contractors and consultants volunteers and any other group or individual who is advised that the code applies to them.
9
Q
Does the code only apply in work time
A
No applies to what we do outside work hours- if what we do may bring police into disrepute or damage trust and confidence
10
Q
How can we be sure that our conduct complies with the code and policies
A
It will not cover every situation so we need to consider our values apply common sense etc
11
Q
If in doubt apply the self test questions what are these
A
- scrutiny - would your decision or behavior withstand scrutiny
- Ensure compliance does your behavior comply with the Code, and other police policies general instructions and procedural expectations
- Lawful Is your decision lawful
- Fair is your decision fair and reasonable
12
Q
What is a conflict of interest
A
Where our personal or professional interests my conflict with our work/position/obligations/responsibilities in NZ police/can be just as damaging if its an appearance or perception
13
Q
to avoid a conflict of interest what must we not do
A
- use our influence role or position to personal advantage for ourselves or others
- only access information for legitimate reasons
- no sexual relationship with someone we have met in a professional capacity if imbalance of power/or person is vulnerable
- must raise any conflicts of interest with manager ASAP
14
Q
If unsure about whether information is confidential or sensitive or how it should be handled what should we do
A
Seek advice from your manager
15
Q
What happens if you have been found to have breached the code
A
- you may face disciplinary action which could include termination of your employment - final outcome will depend on the seriousness
16
Q
What is considered when deterring if behavior or a decision is a breach of the code
A
- intent did you knowingly make decisions that breached
- your position, duties and responsibilities
- your ability to fulfill your duties and responsibilities
- the impact on the organisation and relationships
- impact on the trust and confidence thee police has in you
- how similar behavior has been treated in the past
17
Q
depending on the circumstances misconduct can be considered what
A
misconduct or serious misconduct or vice versa can apply to behavior outside of work
18
Q
What is misconduct
A
It is a breach of the code although may not justify dismissal could result in formal disciplinary action
19
Q
What is serious misconduct
A
It is a breach of the code and seriously undermines the trust and confidence the police has in you so much so that calling into question if your employment relationship can continue. It may justify dismissal
20
Q
What are some examples of misconduct
A
- breaching police policies or procedures,
- using abusive language
- not complying with a lawful instruction without a good reason
- being absent for work without good reason
21
Q
What are some examples of serious misconduct
A
- Being convicted or pleading guilty to an offence
- corruption
- bullying or harassment
- theft or dishonesty
- unauthorized access or disclosure of police data
- knowingly making a false statement
- excessive unjustified violence
22
Q
What is performance management
A
seeking improvement through talking and providing support to enable employees to perform satisfactorily. It is not a disciplinary process
23
Q
When can performance matters become relevant for disciplinary purposes
A
When an employee has been unable or unwilling to satisfactorily improve following a performance improvement plan (PIP)
24
Q
Step 1 of performance management is what
A
informal discussion:
- in private two way conversation/ pointing our shortfalls in performance/encouraging comment and improvement/us practical examples/criticism is constructive/emphasis on finding ways to for sustainable improvement/can have support person
- listen to employee there may be no problem
- make sure informal action does not turn into formal disciplinary action/therefor denying the employee rights such as a support person
- where you can reach agreement for way forward/include reasonable time period
- send a letter to employee of the discussion
- arrange a follow up time to access progress
- consider if appropriate to refer to Wellness Servides
- if no improvement discuss with HRM if more formal performance meeting is necessary
25
Step 2 of the performance meeting is what
The performance meeting
before the meeting
- identify the minimum standard of performance and where employee falls short/ this is the focus of discussion
- send the employee letter of invitation to the meeting
- set up a performance management file/separate to appraisal
- discuss with HRM and consider any other options to fix
- draw up checklist of things to be discussed
- if further organisational support is needed get names of people to contact
During the meeting
- Introduction -why the meeting set the agenda/give employee and support person a copy/ensure agenda has not predetermined conclusions or outcomes
- provide information - outline the minimum standard outline where employee has fallen short/provide examples and any documentation
- opportunity to respond - give employee genuine opportunity to explain and reasons
- clarify with employee any issues raised adjoin meeting briefly if necessary
Problem solving - explain performance management process and the actin taken next/if PIP necessary go through form with employee and support person
- inform employee that they will get support/training/assistance to reach the required performance level /record agreed assistance on PIP form
- inform employee if don't reach agree standard it may be a misconduct issue and addressed under the progressive disciplinary process
Record keeping - record discussion/include employees explanation/make sure both parties sign/copy all info to employees management file/copy to the employee
26
Explain Step 3 the performance improvement plan (PIP)
- PIP sets out requirements and agreements from both parties/employee must agree to the PIP
- the performance to be improved/specific and examples/include brief statement about the aim of the PIP
- the minimum acceptable standard of performance/refer to competencies/position description/code/any other benchmark
- remedial steps to be taken/must be measurable/realistic/and achievable timeline
- support and resources police will provide/if employee wants to source own help note on PIP/note target date
- how and when feedback to employee
- review periods/with who/how often/specify the measurements
- the dates for progress meetins
- start date for PIP
- possible consequences if not met
- signature of both parties and the date the PIP was signed
Once PIP implemented
- ensure all agreed assistance is provided/if cant must advise employee/agree to aleternative
- dairy meetings at the interval agreed/keep notes of meetings/may have to revise PIP by agreement
- put in place a system to monitor progress/provide ongoing feedback/on progress or areas that still need improving
- PIP is specific to behaviors that have been raised with employee any more then performance meeting to be convened and the PIP revised
27
Explain step 4 the completion of the PIP
- performance evaluated
- if reached required standard/informed that they have reached the level required/ don't need PIP anymore/end date confirmed in writing on the PIP/letter confirming this to employee
- performance monitoring may continue on a informal basis/option for ongoing training/support may be explored with employee/ongoing dialogue good!
- a copy of PIP retained in employees performance management file with copies of any letters sent to them
28
If required standard of PIP not reached what are the options
- revise the PIP
| - go straight to progressive disciplinary process
29
What are the two keys things to note in the disciplinary process
- the process is used to determine if alleged breaches or our code/or and policies are substantiated is so what the appropriate outcome is
- the process is underpinned by the employment principle of good faith
30
What is the purpose to the Disciplinary policy
- to ensure breaches of Our Code are managed and dealt with fairly and in good faith with a view to improving conduct/must comply with Employment relations Act 2000
31
How will police conduct disciplinary processes
- fairly and reasonably
- only when good reason to do so
- notify employee when commenced/unless exceptional circumstances
- provide details of specific allegations
- advise employees of right to representation
- allow reasonable time to respond to information
- consider employees explanation/unbiased/no predetermination/uninfluenced
- notify the employee of investigation of allegations
- ensure outcomes are proportionate
- ensure privacy
32
Who must you notify regarding allegations or concerns regarding investigation in the workplace
must notify employee as part of good faith obligations - this should include full disclosure
33
if misconduct is established what are the two main outcomes available for consideration
warning/final warning or dismissal
34
once the investigation is complete if misconduct is established what preliminary decision needs to be made and what do you need to do
- What outcome or sanction may apply
- full consideration to all information
- employee advised
- employee given opportunity to respond in person or writing
- then consider submissions from employee a final decision on outcome can be made
35
What is the initial step if employment investigation is required
- Appoint an appropriate investigator
- Can be manager or if serious or complex another investigator
- investigation scoped and planned/cover allegations/so appropriate decision on outcome can be made
36
What is the purpose of an employment investigation
- To establish if the conduct has occurred
- if it is misconduct and how serious
- includes meeting with employee and rep to obtain their version of events
37
can there be another appropriate outcome that are not disciplinary sanctions
yes can be performance management or professional conversations
38
What can the employee do if they are not happy with action taken in a disciplinary process
They can pursue the matter as an employment relationship problem
39
What is the purpose of an initial assessment in regard to employment investigations
To identify if there is an issue that police needs to address or investigate/there may already be enough information
40
Who can assess an initial assessment
mostly a manger/can get support guidance from HR/if appropriate more senior manager of HR/if more serious ER to be notified/they may give additional support
41
What questions should be considered to undertake an initial assessment
- is there any substance/or do we need more information
- do we need to speak to employee or others
- is the alleged conduct breach of Code, policies or employment agreeement's
- what information is available
- what are appropriate next steps
42
What are the possible pathways after an initial employment investigation
- no conduct or performance concerns/no further action/inform employee
- potential misconduct or serious misconduct/refer to HR/if criminal aspect refer to PPC
- performance issue/manger will mange/may seed advice form HR
43
What is a critical consideration in regard to a initial assessment in regard to employment investigation
- handled sensitively
| - on a needs to know basis ensure confidentiality
44
What is the purpose of categorization in regard to categorising allegations against an employee
to determine if allegations about an employees conduct should be addressed
- if so is it performance matter/potential breach of code/or criminal matter
- if serious or complex or maybe criminal/give consideration to notifying IPCA
45
Who can categorise in regard to categorising allegations against an employee
- generally Manager and their HR rep
- if serious or complex should be manger/HR and maybe use ER guidance/professional conduct if potentially criminal or police complaint
46
What is the role of those people categorising allegations against an employee
- review information/consider nature and alleged conduct
- determine if needs investigation/could go straight to disciplinary meeting as no requirement to gather more information
- detail clear allegations if identified/ensure they accurately reflect police concerns/specify how alleged conduct does not align with the code/policies/our values
47
What types of matters are considered in categorising allegations against an employee
- internal such as breach of code/criminal offending
- complaints that raise concerns
- notifiable incidents under section 13 of the independent police conduct authority act or MOU between police and IPCA
- significant traffic matters
48
What types of matters are not considered in categorising allegations against an employee
- poor performance
| - one off low level misconduct/mistakes that can be dealt with by manger
49
What are types of possible outcomes when categorising allegations against an employee
- no further action
- performance management
- employment investigation
- criminal investigations
50
What happens when a matter leads to a criminal investigation and possible misconduct is also identified
A separate employment investigation must be commenced by a separate investigator
51
What is the purpose of an investigation
To establish and consider the facts and assess whether the employees actions were a breach of the code, police values policies or employment agreements
52
Who should be the investigator
- someone objective and not involved
- if serious or sexual it may be a senior Manager
- if you have a choice think about the skills of the investigator
- external investigator only in exceptional cases
- district commander or national manager with HR decides who investigates
- if criminal needs a separate investigator
53
What are the main aspects of a an employment investigation
- Employee to participate and employee and employer to uphold good faith obligations
- relevant information disclosed employee gets time to consider it before comment
- test is balance of probability/more serious the more evidence required
54
What are the main aspects of a criminal investigation
- no requirement for good faith
- don't have to disclose information to employee/don't have to give them time to consider it
- need to prove beyond all reasonable doubt/need evidential sufficiency
55
What is the purpose of an investigation meeting
- to hear for the employee and hear their explanation
| - to seek clarity/or explore conflicting accounts
56
What must you do before an investigation meeting
- give employee sufficient notice of meeting
- make sure they are aware of the allegations
- has copies of all the relevant information
- has had opportunity to bring support person
- if they have a rep communication is through them
- book private quiet room for sufficient time
57
What must you do during the investigation meeting
- ensure employee understands allegations etc
- if recording everyone must be ok with this
- meeting is stressful allow breaks
- be honest and upfront if you don't believe they are being honest
- ask open ended questions/get full understanding of circumstances
- check what enquiries the employee thinks you should make
58
What must you do after the investigation meeting
- review documentation/ensure all captured
- verify meeting notes with person interviewed
- if new information/may need another meeting with employee or other people/if new info give to employee and give them opportunity to comment
59
What is the main point about the investigation report
Needs to be a concise clear investigation report completed ASAP
60
Who makes the decision on the sanction after the investigation
- disciplinary warning - district commander or national manager or above/can be delegated to inspectors or equivalent level managers/with consultation with his or her manager and HR
Dismissal - District commander, general manager: training, national manger: communications centers and SITE, assistant commissioners and above/with consultation with his/her manager and HR
61
If there are going to be further outcomes to consider due to the disciplinary process such as a delay to awarding long service medals/revocation of good conduct medals/CSI etc what must you do
Consult with HR or ER
62
What are the two levels of warnings and what level of behavior are they generally used for
- warning/generally for misconduct
| - final warning/can be first response/generally for serious misconduct/a step away from dismissal/last chance
63
Who do you need to consult with if you decide after investigation that dismissal is an appropriate outcome
- your manager and ER
64
In what circumstances would dismissal be appropriate
- further relevant misconduct while on a current final warning
- finding of serious misconduct warranting dismissal after investigation
- repeat performance issues not remedied through performance management process/then led to disciplinary process
65
Who can provide support and guidance if you are considering dismissal
ER
66
What else should you consider as an alternative to dismissal
- any other alternatives //including any other alternative proposed by employee
67
If the decision is made to dismiss what is the process
- dismissal notice given in most cases
| - serious cases summary dismissal/ employee not required to work out their notice
68
Who/what does the employment relationship problem policy apply to
All police employees and all employment relationship problems
69
Who/what does the employment relationship problem policy not apply to
- independent contractors/although can apply if problem arises due to a contractor
- something that has a specific review or resolution procedure available appoint review
- something that is the subject of a claim under the human rights act
70
What are the principles applying to all employment relationship problems
- both parties must act in good faith
- both parties encouraged to talk and exchange relevant information/referring to mediation if problem cant be resolved informally
- employees have right to representation any time
- primary parties to problem have initial responsibility for resolution/unless proposed resolution affects the organization significantly or
- relates to actions /inaction's by supervisor
- some other reason justifying elevation to more senior person
- ideally still work in their day jobs while its being resolved/if not appropriate can consider other duties
71
In the employment relationship problem policy what does the term "dispute" mean
- means a dispute about application/operation/interpretation of an employment agreement
72
In the employment relationship problem policy what does the term "employment relationship problem" mean
- personal grievance/dispute/any other problem arising from employment relationship
- does not include any problem with fixing of new terms and conditions of employment
73
In the employment relationship problem policy what does the term "good faith" mean
- both parties giving enough information so resolution can be considered
- not mislead or deceive other party
- listen to other party
- consider if what has been raised by other party justify modifying a previous position or position
- being respectful and constructive
- actively taking steps to resolve and move forward
- limiting involvement to those parties directly involved
74
In the employment relationship problem policy what does the term "mediation" mean
- process that involves an neutral person with view to reaching a consensus
75
In the employment relationship problem policy what does the term "personal grievance" mean
- a grievance an employee has against the police because they think they have been :
- unjustifiably dismissed
- disadvantaged in employment of one or more conditions because of unjustifiable action by police
- discriminated against
- sexually or racially harassed
- subjected to duress relating to union or service membership or non -membership
76
What are the five key steps in resolving employment relationship problems
- employee raises issue with appropriate manager
- parties engage in informal dialogue/discuss problem and try to resolve in good faith
- if that does not work/employee take matter to another manage/or progress to next step/can include PG
- if unresolved either can refer to mediation
- if that does not work either can seek resolution through more formal process such as employment relations authority/human rights commission
77
What should employees who believe they have an employment relationship problem do
- Raise it with their supervisor
- either verbally or in writing
- encouraged to use notification of employment relationship problem/or use as guide
78
how does an employee raise a PG
- must supply enough information to enable police to respond and problem relates to a claim they have been
- unjustifiably dismissed
- unjustifiably disadvantage
- discriminated against
- sexually or racially harassed
- subjected to duress re membership of non-membership union or service organisation
79
What are the procedures of a PG the same as in relation to employment issues
The procedures of employment relationship problem
80
How long do you have to raise a PG
Within 90 days beginning on date the action that caused the PG occurred/or from the date the employee became aware whichever is the later
81
If an employee raises a personal grievance the receiving manger must send the notification to
local EPM/HRM
82
What must the EPM/HRM do when they receive a notification of a PG
- send a copy to employment relations at PNHQ ASAP with memo outlining the situation
83
What is the first step to engaging in informal dialogue to identify and resolve employment relationship problems and personal grievances
- employee has right to support throughout process
- given opportunity to seek advice before meeting
- step 1 manger meet with employee to discuss nature of problem/any aspects that can be resolved immediately/any responses from receiving manager/may be proposals for managing or resolving/time frames for police to respond/if police need more information before responding
84
What is the second step to engaging in informal dialogue to identify and resolve employment relationship problems and personal grievances
if employee has raised PG the receiving manger must liaise with EPM/HRM before meeting employee
85
What is the third step to engaging in informal dialogue to identify and resolve employment relationship problems and personal grievances
if meetings held all parties keep notes
86
What is the fourth step to engaging in informal dialogue to identify and resolve employment relationship problems and personal grievances
Local EPM/HRM may be present during meetings
87
What is the fifth step to engaging in informal dialogue to identify and resolve employment relationship problems and personal grievances
if all agree can be resolved/receiving manger is responsible for agreed time frame/then treated as resolved/resolution must be within mangers delegation authority/cannot have resolution with national implications
88
What is the sixth step to engaging in informal dialogue to identify and resolve employment relationship problems and personal grievances
- problem not resolved to employees satisfaction can
- take no further action
- discuss with another manger if appropriate
- progress to mediatin
- invoke another formal process by way of PG/complaint to Human rights commission
89
What should be considered if a problem has not been resolved through informal disillusion
Mediation/at this stage either party through dept of labour
90
What if a problem has not been resolved through mediation
the employee can lodge a statement of problem with employment relations authority
91
What is the purpose of the discrimination and harassment policy
- promote fair treatment of all employees/timely/effective resolution of allegations
- provide a procedure to effectively address allegations while promoting obligations under
human rights/health and safety act/employment relations act
92
Who does the discrimination and harassment policy apply to
- person in workforce who makes allegation
| police employees/volunteers/contractors/anyone engaged by police
93
What is harassment
allegations of sexual or racial harassment or bullying
94
What are the principles of the discrimination and harassment policy
- all must adhere to standards set our in Code/core values
- all involved in allegation of discrimination/harassment can use informal dialogue to try and resolve
- employees have right to be represented/and support person
- respondents have right to know allegations against them/can also respond if they want
- should be resolved in timely manner
95
If workplace harassment is to be resolved in a formally then what additional rights do the complainant and the respondent have
- impartial investigator and decision maker
- be heard either verbally or in writing
- be kept informed of progress
- timely investigation
- be advised of outcome
96
What is the definition of discrimination
discriminated either directly or indirectly on basis of
sex, marital status, religious or ethical beliefs, color, race, ethnic or national origins, family status, sexual, age orientation or
not being treated the same as other employees or give same benefits/ dismissing when didn't do same to others/retiring or causing o resign
any exceptions found in human rights act
97
What is the definition of harassment
- behavior directed to employee by person engaged by police and the behavior is not:
- legitimate
- unwelcome and unsolicited
- behavior considered offensive, intimidating, humiliating or threatening and
- is repeated or so bad that it affects job performance or job satisfaction
- can be single incident or repeated
98
What is not discrimination or harassment
- issuing reasonably instructions/expecting them to be carried out
- warning or disciplining someone after fair process
- requiring reasonable standards of performance
- legitimate constructive criticism about work performance/including Performance appraisal
- affirmation action policies
- parental leave provisions
- reasonable accommodation/aids for disabled employees
99
What is racial harassment
when uses language written or verbal or visual material or physical behavior directly or indirectly to
- express hostility/bring into contempt/riducule
- is hurtful or offensive
- is repeated or significant enough to effect employees job performance or job satisfaction
100
What is sexual harassment
if any person in police
- makes request for any sexual contact implied or overt by:
- promise for preferential treatment
- threat of detrimental treatment
- threat of present or future employment status
101
What is a serious allegation
if allegation:
- presents reasonable perceived risk of significant physical or emotional harm
- may be serious misconduct if proved
102
what are the five steps in the process for resolving allegations of discrimination and or harassment
- complainant gives notice of discrimination or harassment/seriousness of allegation is accessed
- process for resolving allegation is determined
- if appropriate HR manger meets wit hrespondent
- resolution options agreed and actioned
- if not resolved complainant may invoke process under employment relations act or human rights act
103
What are the key things to note in the maintaining professional distance policy
- be aware of the need to maintain professional distance
manage any personal relationship with imbalance of power or conflict of interest
- avoid unethical or inappropriate relationships
- if unsure speak to supervisor
104
What should you consider when managing external relationships
- they may be unequal due to:
- member of the public may have to give personal information we don't have to give it back
- the power we hold i.e arrest, detain, issue an infringement etc
- member of the public may be vulnerable due to personal circumstances
105
What people creates the greatest risk of a conflict of interest if we form a relationship with them
- offenders current charges/criminal history
- victims
- witnesses/and tier family
- informants
- vulnerable people when duty of care
- any person in custody
- complainants
106
Any inappropriate relationship must be declared to whom
supervisor ideally before relationship commences
107
What must the supervisor do id conflict of interest relationship is declared to them
assess if steps can be put in place to safeguard to manage any conflict or power imbalance
108
What must police apply to their use of police technology systems and equipment to ensure legitimate use
- code off conduct
| - SELF test
