The Police Association says a new policy allowing Police to suspend employees without pay could leave members facing serious financial hardship while investigations run their course.
Amendments to Police’s Employment Resolutions and Disciplinary Policy came into effect at 9am on July 13, broadening the circumstances in which employees can be suspended without pay during disciplinary and criminal processes.
The new policy allows suspension without pay where very serious alleged Code of Conduct breaches could lead to dismissal, and in a range of criminal-charge situations, including where charges carry the possibility of imprisonment, are likely to lead to dismissal if proven or where bail conditions prevent an employee from working.
The association has repeatedly warned Police about the risks of introducing wider suspension-without-pay provisions, association senior legal officer Harley Dwyer says.
“We have very serious concerns with Police’s intentions to impose suspension without pay given the organisation’s appalling track record in the criminal space and an even worse reputation for delays,” he says.
“The impact on members – members who have yet to be proven guilty of anything – could be severe. They will inevitably face extreme hardship if their income ceases.
“If they seek secondary employment, which Police must first approve, their chances of securing it are likely to diminish when they have to declare to any prospective employer that they are subject to criminal charges currently before the courts.”
The association is also concerned the policy could be applied excessively, Harley says.
In a submission opposing the proposal, the association argues that suspension without pay is an extraordinary step that should be used only in the rarest circumstances because of the financial and personal consequences for employees and their families.
It also raises concerns about the length of some Police disciplinary and criminal processes and the effect prolonged periods without income can have on members.
Police advised the association in June that several changes had been made to the final policy following feedback. These included requiring a two-stage assessment before suspension without pay can be imposed, removing some proposed grounds for suspension without pay, allowing annual, sick and long-service leave to continue accruing and providing favourable consideration for secondary-employment applications from employees suspended without pay.
The policy also provides for regular reviews of suspension-without-pay decisions and says Police may consider compensation where an employee is not dismissed at the conclusion of the employment process.
However, the association remains unconvinced that the safeguards adequately address the risks for members. “We will need to consider how we respond to this,” Harley says