The Police Association has filed personal grievances for nine members over what it says is a pattern of unjustified refusals and delays in processing flexible employment options. The cases highlight inconsistent management and a push to bring staff back into offices, leaving some members frustrated enough to resign. CARLA AMOS reports.

The Police Association says it has been forced to escalate its long-running concerns over Police’s handling of flexible working options (FEOs). It has filed personal grievances on behalf of nine members.
 
The action follows months – in some cases well over a year – of frustration from members, including some who have resigned without a job to go to rather than continue what they see as a fruitless process.

Police Association senior employment adviser Catherine Bates says these “brave members” represent dozens of affected members.
 
“None of them have had performance issues identified… But now, many of the situations have led to strained working relationships with managers.”

One example involves a staff member who had been managing a chronic health condition. They initially had approval to work from home part of the week, but that arrangement was later withdrawn without clear reasons. 

“I've been working almost a year to get it sorted. Timeliness is still a major issue,” Catherine says. “The member in this case had [an FEO] in place, and Police started to push them to come back into the office more when it was a health reason that meant they couldn’t… [Police] showed no empathy around that. 

“We tried to work on a mutually acceptable arrangement before submitting the FEO, to no avail. Police wanted something in writing, so we submitted a new FEO which was turned down. The relationship has become so awful.”

Another grievance centres on childcare. A staff member applied for flexible hours before the start of a school term to accommodate their children’s needs. 

“They didn’t receive a response until after the school term started. Then they were told childcare is not a reason for an FEO arrangement and that it was a directive of [a superior], supported by the district commander. The stress of believing that nothing would be accommodated left them believing they would have no option but to resign,” Catherine says.

The decision to file personal grievances (PGs) is a significant step for the association, she says. 

“We reached this point because of just the sheer volume of issues. At one point, there were about 40 cases that we were trying to deal with around problematic FEOs. Plus there seems to be general messaging from Police that they want people back in the office. When that's applied as a catch-all, and not considering the person's individual circumstances or following policy and legislation, then it's not OK.

“Far more people than just these 10 have been affected,” says Catherine. “Some have given up; we’ve had people who've left without a job to go to because they can't get their FEO considered genuinely.”

The association is seeking mediation while Police considers the PGs, though Catherine is cautious about the outcome. “Police had till mid-August to respond. They requested more time so we filed for mediation, which Police has agreed to.”

Bending the rules

Under the Employment Relations Act 2000, employers must consider flexible working applications and respond within one month. The Act also sets out strict criteria for declining a request, including the inability to reorganise work, hire additional staff, or meet customer demand. 

Police’s own recruitment websites state: “We offer flexible employment opportunities and rostered hours that create more flexibility and time off than most other careers”; and that it “fosters a high-performing culture where our staff are supported and enabled to do their best, where they have options to work flexibly, and where their health and wellbeing are paramount”. Policy also states that “managers are expected to work with staff to find solutions”. 
 

Guidance from the Public Service Commission reiterates that: “Government expectations do not mean public servants cannot work from home or that public servants must work in the office on a set number of days each week. Nor do they change existing arrangements explicitly agreed with employees or which are rights prescribed by law.”

Despite those provisions, Police Association members have reported inconsistent application of policy. The association argues that many of the disputes could have been avoided through early, open conversations. 

“It must be a nightmare to manage when resources and funds are tight and a number of people in the same work group want FEOs. I totally acknowledge that. But most issues can be solved through an early conversation, and simple compliance with policies Police has itself promulgated yet I have people on the books now whose managers won’t even engage in the first instance,” Catherine says.

For Catherine, the issue is never about avoiding work but retaining staff and maintaining goodwill through periods that clearly involve temporary circumstances in members’ personal lives. 

“People don't understand why, they just feel hurt and unheard. And it generates bad will at a time when Police cannot afford to lose good people.”