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The
Association seeks to constantly improve working conditions and promote the
general welfare and contentment of members. It represents members
interests and concerns and is the official channel of communication
between members of the Association, the Minister of Police and the
Commissioner of Police.
We
provide support for members and their dependants in times of need and keep
members informed through the monthly New Zealand Police Association
"Police News", amongst other forums.
The
majority of our time is committed to the negotiation of pay and
conditions, the enforcement of employment agreements and contracts,
advising members on employment rights and obligations and supporting
members who have been disadvantaged or unfairly treated, acting as
advocate in personal grievances, representing members interests in
developing operational policing and HR policies with police management and
political lobbying and submissions on legislation and decisions affecting
the interests of our members.
If
you have a query or problem about your pay, allowances, work conditions
(e.g. rosters, breaks, FEO, leave), performance, work place (e.g.
bullying, harassment) health and safety or any other employment issue –
please speak to your Association representative, Director or Field Officer
(click here for a contact list).
Most
queries and problems are resolved at this level by providing information,
helping you to raise the issue and/or advocating on your behalf with
Police management.
If
a problem cannot be resolved at this level then the matter may be
escalated to the Association’s National Office. The industrial and
legal staff at National Office will then provide advice and assistance.
When
should I seek advice / assistance?
You
should contact someone from the Association when you are aware of the
problem or when you have tried to resolve the matter with Police and been
unsuccessful. It is usually much easier to resolve the problem when
it has just arisen rather than when it has escalated into a big,
complicated and entrenched problem. You also do not need to be
shouldering the problem on your own.
If
problem cannot be successfully resolved with Police the Association will
consider whether there are sufficient grounds for a personal grievance
under the criteria set out under the Employment Relations Act.
Personal
grievances are a last resort as the law expects employment relationship
problems to be resolved at the lowest level possible. This means
that every attempt should be made by the employee and employer to resolve
the matter internally. The Association successfully resolves most
issues without the need for this action. However, personal
grievances will be lodged where necessary.
The
most common grounds for a personal grievance are unjustified dismissal and
unjustified disadvantage.
Unjustified
dismissal is the termination of an employee’s employment at the
employer’s initiative. This definition covers:
- Actual
dismissals - verbal or written words stating for example “you are
dismissed”
.
- Constructive
dismissals – where the employee resigns, but it amounts to a
dismissal as the employee had no option but to resign.
Unjustified
disadvantage is when a member’s conditions of employment are adversely
affected to his or her actual (not potential) disadvantage by some
unjustifiable action of their employer (i.e. Police).
Time
limit
The
Employment Relations Act states that a personal grievance must be raised
with the employer within 90 days from the date the unjustified action
occurred or when the employee became aware of the unjustified action –
whichever is the later date.
If
the 90-day period has passed the employee can only pursue a grievance if
they meet the criteria set out in the Act, but this criteria is extremely
narrow.
Association
Assistance
When the Association provides assistance with resolving a problem, we
require:
- Exclusive
right of representation
- A
reasonable opportunity to assess whether the member has grounds for a
personal grievance and whether one should be lodged
- The
member to abide by Association policies and accept the advice and
direction of the Association’s experienced representatives.
The
Association will lodge a personal grievance, when it has exhausted all
possibilities of resolving the problem internally and the when the
personal grievance:
- Has
a reasonable prospect of success (i.e. the Employment Relations
Authority /Employment Court would find in our favour)
- Is
of some benefit to the wider membership and
- Is
cost effective to pursue
The
Association uses it’s own experienced staff to provide employment
assistance and to pursue and resolve grievances.
In
pursuing a case into the Employment Relations Authority or Employment
Court the Association may employ an external employment lawyer when
appropriate. This is at the Association’s discretion.
The
Association will not reimburse the costs which a member may incur if s/he
elects to seek external legal advice or assistance.
For
further information on personal grievances you can view the Department of
Labour website at www.dol.govt.nz
The
types of Employment Advice available from the New Zealand Police
Association is varied and often complex. To discuss your particular needs
you can e-mail us at nzpa@policeassn.org.nz
or phone 0800 500 122 to speak to a member of the Industrial Team.
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