Definition 

1.   TOIL was introduced as a measure to ensure staff who were required to work significant overtime hours had adequate rest time. This provision is a health and safety issue in addition to providing an element of compensation to individuals. TOIL is an entitlement in terms of Police Collective Agreements and General Instructions*, although specific entitlements vary for sworn and non-sworn staff.*

* Sworn Agreement s.3; Non-Sworn Agreement clause 3.5.04; General Instructions L 340 & L 341.  Special provisions apply to Warranted Traffic Officers and Welfare Officers.

 Guiding Principles (for managers and staff) 

 2.  Managers and staff are expected to have regard to the following principles and requirements in managing the accumulation and taking of TOIL.

• ·    A primary objective of this policy is to ensure that staff can and do take TOIL as soon as practicable after it has been earned.

• ·       TOIL is not leave and is provided specifically to replace scheduled rest time that has been lost. Working excessive or regular overtime represents unacceptable health and safety risks for individuals and potentially others.

• ·       Large TOIL balances create a fiscal and resourcing liability for Police.  The cost of TOIL increases the longer that the time remains untaken.

• ·       Effective management of TOIL issues is ultimately the responsibility of District Commanders and where applicable other Executive members, who may delegate this responsibility to managers and supervisors.

• ·       Managers and supervisors have an ongoing responsibility for monitoring the hours and workload of staff under their control, and for prioritising work and organising resources as necessary to ensure excessive overtime hours are not required.

• ·       Staff share a responsibility for managing TOIL levels and their own health and wellbeing by taking accumulated TOIL at the first available opportunity consistent with operational requirements, and by “speaking up” and seeking early assistance if work loads and / or hours are becoming excessive.

• ·       Where necessary, staff with accumulated TOIL in excess of the limits provided in this policy will be directed as a matter of health and safety to take time off to exhaust the TOIL balance.

Note: TOIL, once earned, is an entitlement, and is subject to forfeiture only in certain limited circumstances.

 Authorisation to Accumulate Substantial TOIL

3.     Some operational situations will inevitably require staff to work significantly extended hours  for a period of time.   Where it appears that extensive overtime generating TOIL will be required, prior authorisation is to be obtained from the District Commander, or District Commander’s nominee, or Service Centre manager. The situation is to be carefully monitored to ensure that members do not work excessive hours unless absolutely necessary and authorised to do so.

 Limits on Accumulation of TOIL

 4.  Staff are permitted to accumulate a total of up to 20 hours TOIL without requirement for a management plan.  Unless exceptional circumstances arise, TOIL is to be allowed and taken within three months of being incurred.

5.   If for any reason a member has accumulated TOIL in excess of 20 hours, the manager is to meet with the member, at the first opportunity, and formulate a plan to take the TOIL as early as possible having regard to the convenience of the individual and Police. This plan is to be considered in tandem with annual leave plans.

 TOIL and Leave

 6.  Any TOIL balance must be exhausted before commencing any period of annual, long service, retiring (or equivalent) or parental leave, special leave or LWOP.

 Management of Historical TOIL Balances

 7.  It is recognised that a significant number of staff have historical accumulated TOIL balances substantially in excess of the limits stated above. For these staff, it will inevitably require some time to move to these arrangements.

 8.   District Commanders and Service Centre Managers will be responsible for :

(a)   conducting an audit of TOIL balances for all staff under their control;

(b)   ensuring that line managers and supervisors are advised of the requirements of this policy in relation to their staff;

(c)   providing support for line managers and supervisors to set up meetings with the staff  concerned to agree a plan for using the TOIL within a specified timeframe (see below);

(d)   providing by 30 June 2002 a report to the Board of Commissioners in relation to the balance of accumulated TOIL in each District and the plans in place to exhaust the liability.

Timeframe for Exhausting Historical TOIL Balances

 9.  Outstanding TOIL balances currently represent a substantial liability on Police, both financially and in terms of staffing resources.

 10.  Managers and staff are expected to direct their best efforts to eliminating all historical liabilities in excess of the limits specified at paras (6-8) above by 30 June 2002.

 11.  The advice and assistance of the Office of the Commissioner HR staff and HR Service Centre staff is available to District HR Managers if required.

Payment of Untaken TOIL on Termination 

12.  Please see policy at Appendix Two. Managers should note that it is an expectation that once this policy has come into force it should be in rare circumstances only that it is necessary to make compensatory payments to staff leaving with untaken TOIL. In such instances the policy at Appendix Two will apply.