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Disciplinary procedure
provided to the employee.
4. Leader considers the employee’s explanation and any other relevant
information.
5. ACC makes a decision and tells employee the outcome.
6. Leader confirms the outcome in writing and ensures this is noted on the
employee’s file.
The above steps are a guide and a different process may be adopted provided
the process followed is fair and reasonable.
Suspension
In some circumstances it may be appropriate to propose an employee be
suspended from work while an investigation into an allegation of misconduct or
serious misconduct is undertaken. Such action does not indicate
predetermination or amount to disciplinary action. A leader must always consult
People & Culture when suspension is being considered.
Suspension will generally be on pay unless there are circumstances that justify the
imposition of unpaid suspension.
Unless the circumstances preclude it, where suspension is contemplated, the
individual concerned must be given the opportunity to comment on the proposal,
before a decision is made.
Determining an outcome
The decision-maker will usually be the employee’s direct leader or one up leader.
When determining an outcome, they will have regard to the relevant information
including any reasonable explanation offered by the employee. The employee is
entitled to all the relevant information considered by the decision maker in
determining an outcome.
Possible outcomes include:
no further action
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Disciplinary procedure
a letter of expectation
a first written warning
a final written warning
dismissal (with or without notice)
any other action that may be deemed appropriate in all the circumstances.
The appropriate outcome will depend on careful consideration of all the
circumstances.
Supporting policy and procedures
Leaving ACC policy
Solving employment relationship problems in ACC
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4.1
Allegations of misconduct or serious misconduct will be dealt with in a procedurally fair
manner.
4.2
There may be events or situations where an investigation into the employee’s conduct is
warranted. The potential outcome of such an investigation could include disciplinary action.
4.3
ACC will determine the process for conducting disciplinary investigations on a case-by-case
basis. Investigations will be full and fair and compliant with natural justice.
4.4
Employees have the right to request assistance or support from representatives, including
their union, at any stage of the disciplinary process.
4.5
Matters of concern will be discussed with employees in a clear and timely manner, giving the
employee a reasonable opportunity to explain or respond.
4.6
ACC will genuinely consider any explanation provided by the employee before making any
decision or taking any disciplinary action.
4.7
Employees are entitled to all the relevant information that ACC uses to make any decision.
4.8
Support is available to all employees through the Employee Assistance Programme (EAP).
4.9
The action taken in any case will depend on the circumstances, including the seriousness of
the substantiated conduct and could include written warnings or dismissal (with or without
notice). Previously issued warnings may be taken into account in determining the appropriate
outcome.
4.10 Disciplinary processes are managed confidentially.
4.11 The process and its outcome will generally be recorded in writing, with copies provided to the
individual and placed on their personal file.
4.12 Warnings will specify the misconduct so the employee understands what corrective action is
needed.
5 Accountabilities
The Deputy Chief Executive People and Culture is responsible for ensuring organisational controls
are in place in support of this policy.
Accident Compensation Corporation
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June 2025
14 June 2022
12 Version control
Version
Date
Change reason
Who
1.0
21.12.17
Updated existing policy into new template
Outside of Scope
2.0
23.08.18
Slight changes following feedback from Outside of
Scope
3.0
19.09.18
Changes following feedback from the working
group
4.0
20.09.18
Added monitoring and oversight section. Added
responsibilities for senior managers and Talent.
Reworded policy statement. Included right to EAP
support as a standard.
5.0
25.09.18
Updated to Disciplinary policy, removing dismissal
and adding Investigator to responsibilities.
6.0
28.09.18
Updated following working group
7.0
03.09.18
Added 4.9 Disciplinary processes are managed
confidentially
8.0
04.03.22
Reviewed as part of review cycle and updated to
reflect change in owner and following consultation
with Risk and Compliance Policy working group.
Disciplinary procedure updated.
8.0
14.06.22
Approved by Outside of
Deputy Chief
Scope
Executive, People and Culture
Accident Compensation Corporation
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November 2023
November 2020
4 Policy standards
4.1 The required standards of performance and behaviours are detailed in performance
agreements, position descriptions, employment agreements, the Code of Conduct and
through any additional information provided by managers or business groups.
Standards apply to behavioural competencies and achievement of objectives and KPIs.
4.2 Employees are expected to perform their role to the standards required of them.
Managers will support employees to enable them to meet performance standards.
4.3 If performance becomes an issue, managers will engage in a formal process:
•
When performance improvement is required, managers will follow the
performance improvement procedures
•
Issues with an employee’s performance may alternatively be managed under the
discipline and dismissal policy and procedures, where appropriate to do so.
The discipline and dismissal process is likely to be more appropriate where evidence shows that
an employee has deliberately chosen to act in a way that has resulted in a failure to meet
required performance standards.
Dismissal is considered to be a last resort.
4.4 Managers will give reasonable support to help employees make the improvements
required, whether through a formal or informal process.
Managers will decide on the exact nature of support provided by considering the needs of the
employee, the needs of the business group, and the resources available to them.
ACC also recognises that performance improvement processes can create stress for
employees. We encourage employees to use the employee assistance programme (EAP) and
get professional supervision, where appropriate, to assist employees in managing this.
4.5 Employees involved in the process of performance improvement are entitled to bring a
support person or representative to any meeting held as part of the process.
4.6 Employees are entitled to representation throughout the process.
4.7 Employees may raise a personal grievance if they feel there is a problem or dispute
arising out of performance improvement.
See solving employment relationship problems in ACC or your employment agreement for more
information.
5 Accountabilities
The Deputy Chief Executive, People and Culture is responsible for ensuring organisational controls
are in place in support of this policy.
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November 2023
November 2020
o Family member or whānau
o Colleague
o Friend
o Legal representative.
11 References
Code of Conduct
Training and support for performance improvement processes (44K)
Access the Employee Assistance Programme (EAP)
Performance and development cycle
Solving employment relationship problems in ACC
Version Control - This should reflect the review process.
Version
Date
Change reason
Who
2.12.02
9/11/20
Updated links and added templated Five Lines Outside of Scope
of Assurance. Minor changes to align with ACC’s
style guide.
Accident Compensation Corporation
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October 2023
October 2020
3
Policy Statement
ACC recognises the need to recruit and retain highly capable people to deliver on our vision and
strategic intent. We are committed to appointing the right person for the right role in the right way
and we strive to create an environment that recognises and celebrates diversity.
This policy describes our approach to the recruitment, selection and appointment of employees. It
also describes our approach to the engagement of contractors and temporary staff.
Recruitment and Selection of Permanent, Fixed Term and Casual Employees
3.1 We are committed to using fair and open recruitment and selection processes to attract
a diverse, skilled and high performing workforce
a) Recruiting Managers will ensure there is an accurate position description for the role prior to
initiating recruitment.
b) Appropriate approval for recruitment and/or appointment will occur prior to advertising or offer
of employment, in accordance with ACC delegations.
c) Generally, all permanent or fixed term roles for a period greater than three months will be
advertised (either internally, or both internally and externally) for a minimum of five days.
d) ACC seeks to create an environment where all interested and capable employees are able to
express interest in vacancies and secondment opportunities. Decisions to directly appoint to a
role, or to use targeted advertising, can be approved by the relevant Enterprise Leader where
this intent isn’t compromised.
e) Fixed term roles should only be used where there is a genuine business reason for it to be fixed
term which could include a specific project, a piece of work or backfilling a permanent position
for a specific period.
f) For all roles that are being advertised or sourced externally, and any roles being advertised
outside their own team, Recruiting Managers will work with the Talent Acquisition team to
manage the sourcing and appointment process.
3.2 We appoint suitable people based on merit
a) Applicants are selected on merit, based on the specific needs of the position. We recognise the
diverse needs of our candidates, and our selection process takes this into consideration.
b) The privacy of all people who express interest in a vacancy is protected during the recruitment
and selection process.
c) Pre-employment screening is undertaken, as appropriate to the position. At a minimum, this
requires a Ministry of Justice check, a visa check (if applicable), a credit check (if the position
Accident Compensation Corporation
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October 2023
October 2020
has financial delegations) and at least two reference checks, including the person’s most recent
manager for external recruitment and at least one reference check, including the person’s
current manager, for internal recruitment. Any exceptions will be approved by the relevant
Enterprise Leader and will consider all relevant risks
.
d) All candidates are kept updated and notified of the outcome of their application.
Information on the recruitment process can be found
here.
Secondments
ACC uses secondment opportunities to resource projects or initiatives, or to cover
temporary vacancies as a result of long-term leave, or for backfilling a permanent position.
We will achieve this by ensuring:
a) There is a genuine business reason for creating a secondment opportunity including a specific
project, a piece of work or backfilling a permanent position for a specific period.
b) Secondment opportunities of three months or more are advertised internally and open to all
permanent ACC employees.
c) Secondment opportunities of less than three months may be filled by direct appointment.
d) When a secondment position, is to be filled on a permanent basis (either during, or after the
secondment) the secondment manager will advertise the role and select a candidate in
accordance with the recruitment standards of this policy.
e) Employees should discuss their secondment opportunity with their manager to determine
whether it is feasible for them to be released before they apply
f) Secondments should not exceed 12 months.
g) A secondee will be able to return to their substantive position once their secondment has ended
h) ACC seeks to create an environment where all interested and capable employees can express
interest in vacancies and secondment opportunities. Exceptions to b) and c) above can be
approved by the relevant Enterprise Leader where a direct appointment or targeted internal
advertising doesn’t compromise this intent.
Any other exceptions to the above can be approved by the relevant Business Deputy Chief
Executive(s) and the Deputy Chief Executive, People and Culture.
An employee who is on a secondment may be eligible for an Alternative Duties Allowance if they
meet certain criteria. Information on this and the secondment process can be found here.
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October 2023
October 2020
Engagement of contractors
Recruitment of contractors is a resourcing strategy that ACC uses. It is appropriate to use
this strategy to complete temporary or one-off pieces of work, project work, or to meet
specific skill requirements that may be difficult to source in an employee
a) Contractors should be engaged:
i.
Through a company/labour hire firm, or in a manner that clearly meets the requirements
of a legitimate contracting arrangement as described by Employment New Zealand (see
definition of contractor)
ii.
For no longer than 12 months for any single contract
iii.
For no longer than two years in any three-year period
iv.
At a rate consistent with market rates and the specialist expertise or skills of the contractor.
In general, this should not exceed a 50% premium on the fully costed employee-equivalent
rate.
Exceptions to the above will be approved by the relevant Business Deputy Chief Executive and
Deputy Chief Executive, People and Culture.
b) The stand-down period for a permanent ACC employee being engaged as a contractor with
ACC will be six months. Any exceptions will be at the discretion of the Deputy Chief Executive,
People and Culture.
c) Recruiting Managers will work with the Talent Acquisition team to manage the sourcing and
engagement process for contractors.
d) Pre-engagement screening is undertaken, as appropriate to the position. At a minimum, this
requires a Ministry of Justice check, a visa check (If applicable) and at least one reference
check from a person they were responsible to in their most recent engagement. Any exceptions
will be approved by the relevant Enterprise Leader and consider all relevant risks.
e) Contractors should not be appointed to positions which hold delegations, unless approved by
the Minister for ACC.
f) Managers engaging contractors should ensure that appropriate measures are put in place to
manage potential conflicts of interest for contractors.
g) Contractors should not be engaged:
i.
To undertake tasks which ACC could more cost effectively and appropriately resource by
engaging employees
ii.
In situations where a conflict of interest could develop.
Information on engaging a contractor can be found here.
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October 2023
October 2020
Version Control - This should reflect the review process.
Version
Date
Change reason
Who
1.0
Feb 2018 Existing policies updated into new template and Outside of Scope
merged.
2.0
29/5/20
Policy review with addition of five lines of
assurance. Changes made for clarity and to
change delegations for direct appointments.
New standard incorporated for pre-employment
reference checking to align to SSC Workforce
Assurance Standards. Policy reviewed by
Employee Relations to confirm no further
changes required based on issues since last
review.
3.0
23/9/20
Minor changes to include coverage of long-term
leave as a valid reason for a secondment. Credit
check included as a minimum requirement for
new employees moving into a position with
financial delegations. Updated links contained
within the document. Updated Higher Duties
Allowance references to Additional Duties
allowance. Added the Resource Definitions
document as an appendix to the policy. Updated
5LOA section to match new template for 5LOA.
3.1
15/10/20
Minor adjustments to wording and style based
on feedback from the RCPWG
Accident Compensation Corporation
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Policy standards
3.1 We benchmark our remuneration against the median of the total New Zealand
employment market at least annually to ensure we recruit and retain the best talent for
ACC. (This benchmark is known as the “All Organisations Median”).
3.2 Subject to organisational performance and affordability, we’re committed to providing
performance-based rewards to all employees who perform at or above the standards
required of them, as assessed during the annual performance review cycle.
Pay Bands
3.3 We have pay bands for every position within which individual salaries are set and
reviewed.
3.4 Pay bands state the salary range which applies to a given role. The salary range for
each band is 85%–120% of the applicable market rate. Market rates are reviewed
annually using comparable salary data and may increase to maintain alignment with
comparable roles in the market.
3.5 Employees’ pay bands are determined by the job evaluation process and their
employment terms and conditions.
Performance based pay increases
3.6 Our performance year runs from 1 July–30 June. The first month is used to set
meaningful objectives and competencies. An assessment of achievement over the
period is completed at the end of the performance year.
3.7 Pay increases based on the previous year's performance rating are effective from 1
July.
3.8 Most employees who have performed at, or above, the required standard are eligible to
receive a performance-based pay increase as a result of this process, excluding:
• employees who commenced employment on or after 1 April of the current performance
year or received an increase in remuneration between 1 April and 30 June, and
• employees who worked for less than three months of the performance year, unless their
absence is injury or illness related or due to parental leave.
3.9 The performance-based pay increase is not guaranteed, and is determined by a
number of factors:
• organisational affordability
• ACC’s organisational performance
• the employee’s pay band and current salary
• the employee’s performance rating, based on the achievement of objectives and
competencies through the annual performance review, and
• the type of Employment Agreement in place for each employee.
Accident Compensation Corporation
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Board
Governance and
• Annually review and make recommendations on ACC’s
Remuneration
remuneration, recognition and reward policies and programmes.
Committee
Public Service
Association
(PSA)/
• Provide feedback on changes that impact remuneration and
Association of
performance of employees as appropriate
Salaried Medical
Specialists
(ASMS)
6 Monitoring and oversight
First line of assurance
• People Managers are responsible for ensuring performance
People Managers
discussions are conducted with each employee and outcomes
are recorded.
• People Managers are responsible for ensuring their employees
are remunerated in line with ACC’s policy and procedures.
Second line of
• The People and Culture Group monitors completion of
assurance
performance reviews and oversees remuneration increases.
People and Culture
• The People and Culture Group is responsible for identifying and
reporting exceptions to this policy including any pay increases
above allowable limits to the Deputy Chief Executive, People
and Culture.
Third line of assurance
• Assurance Services reviews the results of the monitoring
Assurance
activities and assesses and reports on compliance with this
policy as required.
Fourth line of assurance
• The Chief Executive and Deputy Chief Executives are
Executive
responsible for overseeing performance across the organisation
and reviewing remuneration annually.
Fifth line of assurance
• The ACC Board are responsible for reviewing ACC’s
Board
remuneration approach annually to ensure ACC has robust
remuneration, recognition and reward policies and programmes
in place.
7 Breaches of Policy
Complying with all policies and procedures is an expectation outlined in the Code of Conduct.
Refer to the Code of Conduct for further information.
8 Contacts
Contact HR Help for any information regarding this policy.
9 References
Code of Conduct
Performance Development Cycle (PDC)
Current Pay Bands
Accident Compensation Corporation
Page 4 of 5
Version Control -
Version
Date
Change reason
Who
1.0
11/02/19
Updated existing policy into new template
Outside of Scope
2.0
27/03/19
Review and feedback provided by members of
the Risk, Compliance and Policy Working Group
30/04/19
Reflect changes suggested at 16April
Governance & Remuneration Board. Approved
by Board 30 May 2019
Accident Compensation Corporation
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Document Outline
- Disciplinary procedure
- Discipline-Policy-June-2022-updated_Redacted
- Discipline-Policy-June-2022-updated
- Performance-Improvement-Policy-November-2020_Redacted
- Recruitment-Appointment-and-Engagement-Policy-October-2020_Redacted
- Remuneration-and-Performance-Policy-May-2019_Redacted
- Supporting performance plan example template