GOV-033085
Code of Conduct
POLICY
1.0.0
NUMBER
TOPIC
Code of Conduct
OWNER
Deputy Chief Executive – People and Culture
DATE
September 2022
APPROVED
APPROVER
Board
DATE OF
NEXT
September 2025
REVIEW
1 Code Statement
ACC is charged with the implementation of the Accident Compensation Act 2001. In fulfilling this
duty, ACC’s vision is to create a unique partnership with every New Zealander, improving their quality
of life by minimising the incidence and impact of injury.
As a Crown entity, ACC is part of the Public Sector and contributes to building the trust and
confidence of citizens in the institutions of government.
All Public Sector organisations are expected to work with a spirit of service to the community, to
make our services accessible and effective to those who need them, and to strive to make a positive
difference to the wellbeing of New Zealanders.
Everyone who works for ACC has an important role to play in making sure we achieve our vision,
and in ensuring we maintain our reputation and standing in the perception of the public. Our actions
and behaviours must be consistent with these expectations at all times.
2 Objective
This Code governs the behaviours of all employees of ACC, to enable us to meet the expectations
placed upon us as a Crown Entity. These standards are based on the standards that apply to all
Public Servants, detailed in the Te Kawa Mataaho a guide on Integrity and Conduct.
The Code of Conduct:
• can be used to provide coaching on appropriate conduct.
• enables recognition of those who model the desired standard of conduct.
• reflects and reinforces the ACC values and behaviour required.
• outlines inappropriate behaviour and its consequences.
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Code of Conduct
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3 Scope
All ACC employees and contractors are expected to maintain the highest standards of integrity,
discretion and ethical conduct when performing duties or representing ACC in any way.
All employees of ACC must read, understand, and follow our Code of Conduct.
4 Code standards
You are expected to exercise good judgement to determine what action to take in a given situation.
Your actions need to be able to withstand scrutiny from internal and external parties. Our behaviour
and actions must be seen to be fair, impartial, responsible and trustworthy at all times.
In order to achieve the high standards of behaviour expected of us, as an employee or contractor
you must:
Be honest and act with integrity.
In all aspects of your employment (e.g. in your work with clients and levy payers, with regard to work
attendance, requests for financial reimbursement, use of sick leave etc).
Respect the rights of others.
• Treat others fairly, courteously, equally, and without discrimination or harassment.
• Uphold the rights of clients, as specified in the Code of ACC Claimants’ Rights.
• Respect and respond to all cultures, values and beliefs, particularly Māori and minority
groups.
• Promote the principles of Equal employment opportunity.
Perform your duties to the best of your ability.
• Prioritise your primary role as an ACC employee over any secondary interests, commitments,
values or beliefs you hold personally, and declare any potential Conflict of interest
immediately.
• Show commitment to a high quality of work.
• Adhere to the ACC Health, Safety and Wellbeing policy in all areas of work.
• Comply with all ACC policies, processes and standards.
• Model and demonstrate ACC values and behaviours, which underpin decisions about what
we do, and how we operate and behave.
• Comply with the code of any professional body that you are registered or affiliated with, where
this impacts upon your work with ACC.
• Show initiative and creativity when resolving problems, seek to maximise productivity, and
identify opportunities for improvement.
• Make decisions appropriate to your role and be responsible for those decisions and the
actions that result from them.
• Be supportive of changes made by ACC, as change is necessary for the organisation’s
success.
• Be supportive of your colleagues and accept your responsibilities as a team member.
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• Manage your personal and workplace relationships appropriately so they do not adversely
affect your work.
Uphold the reputation and standing of ACC.
• Act with integrity in any personal dealings you may have with ACC as a client.
• Obtain your manager’s approval before commencing any activity, business interest or
employment that has the potential to conflict with ACC business (e.g. acting as an advocate
for a client, undertaking secondary employment).
• Ensure your behaviour in relation to gifts and gratuities, managing contracts and purchasing,
and other Sensitive Expenditure does not compromise (or appear to compromise) your
personal integrity or ACC’s.
• Maintain appropriate professional behaviour when travelling on ACC business.
• Maintain appropriate professional behaviour in any situation where you may be perceived as
representing ACC.
• Have an appropriate standard of dress.
• Engage with the Media team about any media enquiries you receive.
• Ensure that your behaviour will not bring ACC into disrepute.
• Advise your manager of any convictions or charges laid against you whilst employed by ACC.
• Maintain appropriate boundaries and relationships with clients and any other people you may
work with.
Act in a politically neutral manner.
• Ensure that your behaviour maintains Ministerial and public confidence in the impartiality of
advice given and actions taken.
• Ensure that your comments do not bring ACC or the Minister into disrepute, or compromise
the perception of ACC as politically neutral (e.g. stating or implying your personal view on an
issue as ACC’s view).
• Ensure that your personal participation in political matters does not conflict with (or appear to
conflict with) your duty to act in a politically neutral manner.
Use ACC information and property appropriately.
• Be responsible for the security and confidentiality of all information that you deal with during
your employment with ACC.
• Use financial and non-financial information gathered by ACC and your knowledge of ACC’s
systems and processes only to perform ACC’s business.
• Treat all ACC assets and property with care and respect.
• Respect the privacy of ACC’s clients, staff, and stakeholders and keep their personal
information confidential.
• Take all reasonable steps to protect the privacy of our clients, customers, employees and
other stakeholders.
• Only access client, colleague, and stakeholder personal information for ACC purposes
related to your role (in particular, do not access information for non-work purposes).
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• lead, model and promote the expected standards of behaviour and
integrity within the Code of Conduct and other internal policies and
processes.
• provide employees with education and coaching on expected standards of
behaviour and integrity where needed.
• represent ACC positively when interacting with staff, and deliver our
policies, changes, initiatives or decisions in a manner consistent with
ACC’s intentions.
• take ultimate responsibility for work quality, actions and decisions of
employees in your team by addressing concerns.
• manage within your capabilities and take ownership of your own
development, and that of your team.
• manage within the delegated authorities framework as specified in the
Delegations Manual.
Deputy Chief
• Monitor the effectiveness of the Code of Conduct.
Executive -
• Ensure organisational controls are in place in support of this policy.
People and
Culture
Executive
• Model the highest standard of behaviours according to this Code of
Conduct.
• Ensure Code of Conduct behaviours are integrated into all aspects of
ACC business.
Board
• Approve the Code of Conduct and ensure it is consistent with ACC’s
strategic direction.
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7 Measures of success and compliance management
The Policy Owner will assess the effectiveness of this Code of Conduct based on the following
measures of success:
• Our people refer to their obligations under the Code of Conduct.
• There are no or very few instances of non-compliance with the Code of Conduct, where there
are instances, these are dealt with fairly and quickly.
The Policy Owner will monitor compliance with this policy as follows:
• Completion of mandatory training modules.
• Any guidance developed to help staff understand and comply with this Code of Conduct is
made available on Te Pātaka and provided directly to relevant staff as appropriate.
Reminders are issued to staff about this Code of Conduct and their obligations under it.
• The Enterprise Risk team will provide guidance on first-line control and compliance testing
for compliance requirements and monitor the completion and timeliness of testing for group
reporting.
• A central register to record breaches of the Code of Conduct held by the policy owner.
8 Non-compliance
Our Code of Conduct requires our people to comply with all our policies. Breaches of this policy may
result in disciplinary action.
Behaviour or actions that are investigated and found to be in breach of the Code of Conduct may
result in disciplinary action. Where breaches are found, ACC’s Disciplinary procedure will be followed
and the employee will have an opportunity to provide an explanation for their actions or behaviours
and have the right to representation.
The action taken will depend on the severity of the breach:
• Breaches of the Code of Conduct that are deemed 'misconduct' may lead to disciplinary
action up to and including a final warning.
• Breaches of the Code of Conduct that are deemed 'serious misconduct' may lead to
disciplinary action up to and including summary dismissal. Summary dismissal is termination
of employment without notice or prior warnings.
If any breaches normally considered to be misconduct are very serious or repeated, these may be
deemed serious misconduct.
Misconduct
Misconduct occurs when an employee does something wrong (namely, breaches this Code of
Conduct or other ACC policy) either by: doing something, omitting to do something, or through their
behaviour.
The lists below of actions considered to be misconduct or serious misconduct are intended as a
guide for employees and are examples only. They do not constitute an exhaustive list of breaches of
the Code of Conduct.
Examples of misconduct include:
• Any act of negligence harming ACC.
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• Disobeying a lawful and reasonable instruction from a manager.
• Failure to meet the standards of performance and behaviour expected of ACC employees.
• Inappropriate behaviour or relationships.
• Any action which may in any way damage the relationship of trust and confidence between
ACC and government, other agencies or the community.
• Allowing unauthorised access to, or disclosure of, any matter or information in relation to ACC
business.
• Misuse of ACC internet and/or email systems.
• Inappropriate use of purchasing card or expenses.
• Absence from duty or place of work without proper reason or authorisation.
• Repeated lateness for work, or repeated absenteeism without just cause.
• Failure to comply with any ACC policy or procedure.
• Any behaviour of a similar type.
Serious misconduct
Serious misconduct occurs when the misconduct could have the effect of destroying or undermining
the relationship of trust and confidence between an employee and employer.
Examples of serious misconduct include:
• Dishonesty.
• Theft.
• Fraud.
• Handling a claim relating to oneself, a relative, acquaintance or friend without the express
approval of the manager, or taking a role as an advocate for a client without approval.
• Corruption – accepting a bribe, inducement, reward or gift, or complying with a request or
threat to use your position to provide a benefit to any person or third party, which has the
effect of allowing inappropriate activity or compromising the impartial performance of your
duties.
• Failure to declare any activity, business interest or employment that has the potential to
conflict with ACC business.
• Accessing ACC information relating to family, friends, acquaintances or clients without
legitimate cause.
• Criminal conviction leading to imprisonment or adversely affecting your ability to carry out
your work.
• Misuse or unauthorised possession or sharing of ACC property and/or information (e.g.
misuse of financial information or client information).
• Harassment of anyone you work with (e.g. client, employee, contractor).
• Abusive or discriminatory statements or practices.
• Assaulting or abusing another person.
• Allowing work performance to be affected by drug, alcohol or substance abuse (including
abuse during work hours).
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• Dangerous or unsafe work practices, including non-compliance with ACC Health and safety
policies, and Health and Safety legislation.
• Any act that has the potential to bring ACC into disrepute.
• Significant failure to comply with any ACC policy or procedural requirements.
• Any behaviour of a similar type.
9 Contacts
Contact HR Help regarding this policy.
10 References
Te Kawa Mataaho guide on integrity and conduct.
Policies:
Respectful and Inclusive Workplace Policy
Conflict of interest Policy
Speak Up at ACC (including Protected disclosures)
Equal Employment Opportunity Policy
Sensitive Expenditure Policy
Health, Safety and Wellbeing Policy
Information Security Policy
Use of the Internet Policy
Email and Instant Messaging Policy
Media Policy
Social media Policy
Personal Information and Privacy Policy
Procurement Policy
Corporate Delegations
11 Policy review dates
Last review: September 2022
Next review: September 2025
12 Version Control
Version
Date
Change reason
Who
1.0.0
8/09/22
Code of Conduct released
[Out of Scope]
1.0.0
/12/23
Update monitoring responsibilities and add Compliance team
measures of success
1.0.0
8/03/24
Policy Owner, roles and links updated
[Out of Scope]
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Discipline Policy
POLICY
2.4.0
NUMBER
TOPIC
Discipline Policy
Subordinate to Code of Conduct
OWNER
Head of People and Culture (People Excellence)
People and Culture Group
DATE
June 2022
APPROVED
APPROVER
Deputy Chief Executive – People and Culture
DATE OF
NEXT
June 2025
REVIEW
1 Objective
Where conduct concerns arise, ACC’s objective is to manage these in a fair and consistent manner,
ensuring people get the chance to appropriately participate in the process, provide information and
explanations.
2 Scope
This policy applies to all of ACC’s employees when performing their duties, representing ACC in any
way, or where their conduct has a bearing on their role at ACC.
ACC has developed a Disciplinary procedure to guide leaders and employees in applying these
standards.
3 Policy statement
All ACC employees have a role to play in maintaining our reputation and standing in the public’s
perception. Our actions and behaviours must be consistent with the standards outlined in the Code
of Conduct at all times. Conduct concerns will be managed through fair and reasonable processes.
Behaviour or actions that are investigated and found to be misconduct or serious misconduct may
result in disciplinary action.
4 Policy standards
This policy supports the Code of Conduct.
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June 2025
June 2022
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.
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7 Measures of success and compliance management
The Policy Owner will assess the effectiveness of this policy based on the following measures of
success:
• Instances where conduct is a concern are dealt with in accordance with this policy and
associated procedure.
• Our people understand their rights in a discipline situation.
The Policy Owner will monitor compliance with this policy as follows:
• Completion of mandatory training modules.
• Any guidance developed to help staff comply with this policy is made available on Te Pātaka
and provided directly to relevant staff as appropriate.
• The Enterprise Risk team will provide guidance on first-line control and compliance testing
for compliance requirements and monitor the completion and timeliness of testing for group
reporting.
• A central register of disclosed conflicts of interest is maintained by the policy owner.
• A central register to record breaches of the policy is held by the policy owner.
8 Non-compliance
Failure to comply with this policy may be considered a breach of the Code of Conduct.
Any action taken as a result of a breach (actual or potential) of any obligations set out in this policy
will be conducted in good faith, fair process will be followed, and the person involved will have a
full opportunity to respond to the concerns or allegations and have access to appropriate support,
advice or representation.
9 Contacts
Contact HR Help for any information regarding this policy.
10 Definitions
See the Code of Conduct for definitions of misconduct and serious misconduct.
11 References
Code of Conduct
Leaving ACC Policy
Performance Improvement Policy
Disciplinary procedure
Employment Relations Act 2000
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June 2022
12 Version control
Version
Date
Change reason
Who
1.0
21.12.17
Updated existing policy into new template
[Out of Scope]
2.0
23.08.18
Slight changes following feedback from [Out of
[Out of Scope]
Scope]
3.0
19.09.18
Changes following feedback from the working [Out of Scope]
group
4.0
20.09.18
Added monitoring and oversight section. Added [Out of Scope]
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 [Out of Scope]
and adding Investigator to responsibilities.
6.0
28.09.18
Updated following working group
[Out of Scope]
7.0
03.09.18
Added 4.9 Disciplinary processes are managed [Out of Scope]
confidentially
8.0
04.03.22
Reviewed as part of review cycle and updated to [Out of Scope]
reflect change in owner and following consultation
with Risk and Compliance Policy working group.
Disciplinary procedure updated.
8.0
14.06.22
Approved by [Out of
, Deputy Chief
Executive, People an
Scope] d Culture
8.0
December Updated monitoring responsibilities and add Compliance team
2023
measures of success
8.0
18/03/24
Policy Owner, roles and links updated
[Out of Scope]
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Speak Up Policy
POLICY
1.3.0
NUMBER
TOPIC
Speak Up Policy
OWNER
Head of Integrity Services
DATE
8 September 2022
APPROVED
APPROVER
Board
DATE OF
8 September 2025
NEXT
REVIEW
1 Objective
This policy sets out how ACC facilitates the disclosure and investigation of potential wrongdoing
(serious or otherwise) in or by ACC (also known as whistleblowing), and provides protection for
ACC people who report potential wrongdoing.
This policy applies to all potential wrongdoing (not just serious wrongdoing under the Protected
Disclosures (Protection of Whistleblowers) Act 2022). This means that the procedures for receiving
and handling information about potential wrongdoing and the protections for disclosers set out in
this policy apply even if the potential wrongdoing isn’t covered by the Protected Disclosures
(Protection of Whistleblowers) Act 2022.
2 Scope
This policy applies to all ACC people, including current and former employees, secondees, and
independent contractors, together with Board and Board commit ee members.
3 Policy statements
3.1 We’ll have a culture that promotes speaking up about potential wrongdoing
We have policies and processes that encourage our people to report potential wrongdoing.
3.2 We have procedures for receiving and handling information about potential wrongdoing
We have speak up procedures that:
• comply with the principles of natural justice;
• set out the process for what we’l do as the receiver of a protected disclosure;
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• identify who in ACC a protected disclosure of potential wrongdoing in or by ACC may be
made to;
• include reference to the requirement to not retaliate, or threaten to retaliate, against the
discloser or treat them less favourably than others;
• describe the circumstances when the protected disclosure might be referred to an appropriate
authority;
• describe how we’l provide practical assistance and advice to disclosers; and
• describe how we’l meet the duty of confidentiality.
We’l publish widely (and republish at regular intervals) information about the existence of the
speak up procedures and adequate information on how to use the procedures.
3.3 We’l keep information that might identify the discloser confidential
We’l use our best endeavours to keep information that might identify the discloser confidential. The
exceptions are if the discloser consents to the release of the identifying information, or if there are
reasonable grounds to believe that the release of the identifying information is essential:
• for the effective investigation of the disclosure; or
• to prevent a serious risk to public health, public safety, the health and safety of any individual,
or the environment; or
• to comply with the principles of natural justice; or
• to an investigation by a law enforcement or regulatory agency for the purposes of law
enforcement.
We’l consult with disclosers in these cases (if practicable in respect of serious risk to public health,
public safety, the health and safety of any individual, or the environment; or to an investigation by a
law enforcement or regulatory agency for the purposes of law enforcement).
3.4 We’l not retaliate, or threaten to retaliate, against a discloser or treat them less favourably
than others
We’l not retaliate or threaten to retaliate against a discloser because they intend to make or has
made a protected disclosure.
Retaliate means to dismiss the discloser, treat them less favourably than other similar ACC people,
or subject them to any detriment or disadvantage.
We’l not treat a discloser or someone who supports a discloser less favourably than others in the
same or similar circumstances. We’l not retaliate in court or bring disciplinary proceedings against
a discloser.
The protections set out above won’t apply where the discloser:
• committed or played a part in the potential wrongdoing; or
• knows the allegations are false or otherwise acts in bad faith; or
• discloses information publicly or through the media.
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support the implementation of this policy and the speak up
procedures.
• Ensure mechanisms are in place to monitor compliance with this
policy.
Subject Matter
• Participate in investigations of protected disclosures as required,
Experts (SMEs)
and in the development and review of this policy, the speak up
procedures and the speak up guidelines.
• Ensure the policy owner is informed of any potential future changes
that may affect this policy, the speak up procedures and the speak
up guidelines.
Business Group
• Ensure all our people within their business group are aware of this
Managers
policy, the speak up procedures and the speak up guidelines.
Our people
• Comply with this policy and report potential wrongdoing.
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the Policy and escalates breaches when
appropriate.
Policy
owner
• Provide pragmatic advice to relevant
Business Groups (and other parts of
ACC if applicable) to increase the
likelihood that responses to Policy
breaches are appropriate (timely,
proportional, consistent, and well
informed).
• Consider Business Group requests for
Policy exemptions and assess any risk
mitigation impact alongside operational
efficiency and effectiveness benefit
assertions before granting or declining
any such request.
2nd Line
Lead oversight,
Integrity
• Perform periodic oversight activities
challenge and advice on Services
designed to assess the effectiveness of
risk-related matters
team
the protected disclosure system and
develop proportionate recommendations
to address identified weaknesses or
progress general opportunities for
improvement,
• Perform periodic oversight activities
intended to assess and/or provide
insights into any trends relating to
protected disclosures and investigations
of protected disclosures.
• Report to the Risk Assurance and Audit
Committee and Executive on the
outcomes of such activities.
Enterprise • Provide pragmatic, actional advice on
Risk team
risk, compliance and controls relevant to
our speak up arrangements, and
respectfully challenges when necessary.
3rd Line
Provide independent and Internal
• Perform periodic audit activities
objective assurance and Audit
intended to assess and/or provide
advice focussed on
insights into (among other things)
achieving ACC’s
compliance with this policy and the
objectives
adequacy and effectiveness of the
business’ practices to monitor
compliance and deal with breaches.
• Report to the Board, Risk Assurance
and Audit Committee, and Executive on
the outcomes of such activities.
External
Provide additional
External
• Provide additional assurance to satisfy
Assurance
assurance that
assurance
legislative/regulatory requirements and
Providers
complements internal
obligations and the Board’s
sources of assurance
expectations as to the efficacy of our
speak up arrangements.
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Governance
Acts to provide the point Risk
• Recommend any material changes to
of accountability to
Assurance
this policy.
stakeholders for
and Audit
organisational oversight
Committee • Monitor compliance with this policy.
and provision of integrity,
leadership
Board
• Overall accountability for oversight of
ACC. Ensure that effective protected
disclosure risk management
arrangements are in place, including
governance structures and processes
that are being managed by other lines.
• Approve any material changes to level 1
policies, including text related to the
monitoring and oversight of compliance
with this policy.
• Act in an appropriate and timely manner
in response to reports received that alert
the Board to opportunities to improve
compliance activities relating to this
policy.
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7 Breaches of Policy
Our Code of Conduct requires our people to comply with all our policies. Breaches of this policy
may result in disciplinary action.
8 Contacts
The Head of Integrity Services is the main point of contact for questions regarding this policy and
our approach to managing and investigating protected disclosures.
The General Counsel/Head of Legal is the main point of contact for questions regarding this policy
and our approach to managing and investigating protected disclosures where the questions relate
to matters involving members of the Integrity Services team or where a conflict of interest means
the Head of Integrity Services should not manage the disclosure or oversee the investigation.
9 Definitions
In this policy:
discloser means the person that reported the potential wrongdoing.
wrongdoing means
• a breach of our Code of Conduct or policies; or
• a breach of law or offence; or
• a serious risk to public health, or public safety, or the health or safety of any individual, or to
the environment; or
• a serious risk to the maintenance of the law, including the prevention, investigation and
detection of offences or the right to a fair trial; or
• an unlawful, corrupt or irregular use of public funds or public resources; or
• oppressive, unlawfully discriminatory, or grossly negligent or that is gross mismanagement
by a public sector employee or a person performing a function or duty or exercising a power
on behalf of a public sector organisation or the Government.
10 References
This policy should be read in conjunction with our Code of Conduct, our speak up procedures, our
speak up guidelines, and the Public Service Commission’s guidance on the Protected Disclosures
(Protection of Whistleblowers) Act 2022 and speaking up about potential wrongdoing.
11 Version Control
Version
Date
Change Reason
Who
1.0
08/09/2020
Policy updated to new template Chief Risk and
Actuarial Of icer
2.0
08/09/2022
Policy updated to reflect
Deputy Chief
Protected Disclosures
Executive – Service
(Protection of Whistleblowers)
Delivery
Act 2022
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Speak Up Policy
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2.0
29/11/2023
Administrative update (3 Lines
Compliance Lead
risk governance model)
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Disciplinary procedure
ACC is committed to being a good employer. Where any conduct issues arise, ACC wil
genuinely consider any explanation provided by the employee and determine the outcome in a
fair and reasonable way, in line with our disciplinary policy.
In some circumstances, ACC may determine that further investigation into conduct issues is
warranted, before a disciplinary process is undertaken.
Disciplinary action may be taken where, following the completion of a fair process, an ACC
employee’s substantiated conduct is found to amount to misconduct, serious misconduct or
otherwise be a breach of their obligations as an employee.
Every leader has a responsibility to make sure expected conduct standards are clear to
employees.
The process
In addition to any other steps ACC takes, a disciplinary process may include the following
steps:
1. Leader becomes aware of a potential conduct issue and determines whether further
investigation is required. Leader may seek advice about how to proceed, including from
People & Culture.
2. Leader invites employee to a meeting. The nature of the meeting needs to be clearly
disclosed to the employee prior to it occurring. The invitation must provide reasonable
notice in advance, detail the specific concern (and any information relevant to the
concerns), and let the employee know they can bring a support person or
representative.
3. The meeting is held and employee is given reasonable opportunity to respond to
concerns. Notes wil be taken at this meeting and a copy provided to the employee.
4. Leader considers the employee’s explanation and any other relevant information.
5. ACC makes a decision and tel s 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 general y be on pay unless there are circumstances that justify the imposition
of unpaid suspension.
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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 wil usually be the employee’s direct leader or one up leader. When
determining an outcome, they wil 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
• 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.
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Solving employment relationship problems in ACC
What is an employment relationship problem?
An employment relationship problem is a problem between you and your manager or between
you and another ACC employee or between you and ACC. It includes a personal grievance,
dispute or other problem relating to or arising out of your employment relationship.
An employment relationship problem does not include any problem concerning the setting of
new terms and conditions of your employment. Nor does it include an issue you may have with
the tasks, responsibilities and functions of your position or with your manager expecting you to
achieve these duties.
Listed below are examples of employment relationship problems:
• You think you have been treated unfairly;
• A breach of your employment agreement;
• A personal grievance;
• A dispute over the interpretation, application or operation of your employment
agreement;
• A question about whether you are an employee or an independent contractor;
• A disagreement about arrears of wages or holiday pay etc;
• You’re not being allowed to attend union meetings or take employment related
education leave; or
• You get a warning, or are dismissed and you believe it was unjustified.
What is a personal grievance?
A personal grievance means any grievance that you have against ACC because of a claim that:
• You have been unjustifiably dismissed;
• Action ACC has taken disadvantages you in your employment or a term of your
employment is unjustifiable;
• You are discriminated against in your job;
• You are sexually harassed in your job;
• You are racial y harassed in your job; or
• You have been pressured in your job because of your membership or non-membership
of a union or employees’ organisation.
• A personal grievance must be raised with your Manager within 90 days of the event.
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Employment relationship problem resolution process in ACC
Step 1 Clarify the problem
If you believe there may be a problem in the employment relationship, the first step is to check
the facts and make sure there really is a problem, and not simply a misunderstanding.
You might want to discuss a situation with someone else to clarify whether a problem exists, but
in doing so you should take care to respect the privacy of other employees and managers, and
to protect confidential information belonging to the employer. For example, you could seek
information from:
• friends and family
• the Ministry of Business, Innovation and Employment (cal them on 0800 20 90 20 or
through their website at ( How to resolve problems | Employment New Zealand )
• pamphlets/fact sheets from the Department of Labour
• your union (if you are a union member), a lawyer, a community law centre or an
employment relations consultant.
• You raise an allegation against a col eague or manager which is of a disciplinary nature;
and
• there is some evidence that can be referred to, to support the allegation you have made.
An investigation will not normally be appropriate if the problem you raised relates to a decision
ACC made to issue a warning or to dismiss.
If we are not able to resolve the problem through the steps above, a number of options exist:
Step 2 Discuss the problem
If you believe there is a problem, raise it as soon as possible. This can be done in writing or
verbal y. Provided you feel comfortable doing so, you should ordinarily raise the problem with
your direct manager. If this is not possible, you may raise the problem with their manager, or
another appropriate manager.
A meeting will usually then be arranged where the problem can be discussed between
appropriate parties. You are entitled to bring a representative or support person with you to the
meeting if you wish.
When raising a problem for discussion it is helpful if you can do so in writing and outline
solutions that you consider may resolve it.
The parties will then try to establish the facts of the problem and discuss possible solutions.
This is likely to include an exchange of views about the nature of the problem and possible
solutions.
Your manager (or other appropriate manager) may wish to seek advice or consider further
information to assist them in addressing your problem. They may seek assistance or
information from People Services, their own manager, a specialist (if applicable), or another
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person involved in the problem. They may also wish to gather information including
documentation to understand the issue you have raised. It may be that discussions take place
over more than one meeting if progress is being made.
The manager may refer the problem on to a more senior manager or People Services if they
believe someone more independent would be better placed to resolve it.
If you agree to a solution it is helpful if this is documented so it can be referred back to if
required. If you are satisfied with the solution this is the end of the process.
Step 2a Investigation of the problem
Depending on the nature of the problem, it may be appropriate for an investigation to be
conducted into the issues you have raised. An investigation is likely to be appropriate in the
fol owing circumstances:
• You raise an allegation against a col eague or manager which is of a disciplinary nature;
and
• there is some evidence that can be referred to, to support the allegation you have made.
An investigation will not normally be appropriate if the problem you raised relates to a decision
ACC made to issue a warning or to dismiss.
If we are not able to resolve the problem through the steps above, a number of options exist:
Next steps
• Either party can contact the Ministry of Business, Innovation and Employment, who can
provide information and/or refer the parties to mediation.
• Depending on the nature of the problem, the issues involved may also be ones that the
Labour Inspectors employed by the Ministry of Business, Innovation and Employment
can assist with, ie minimum statutory entitlements such as holiday, leave or wages
provision.
• Either party can take part in mediation provided by the Ministry of Business, Innovation
and Employment (or the parties can agree to get an independent mediator).
• If the parties reach agreement, a mediator provided by the Ministry of Business,
Innovation and Employment can sign the agreed settlement, which will then be binding
on the parties.
• The parties can both agree to have the mediator provided by the Ministry of Business,
Innovation and Employment decide the problem, in which case that decision will be
binding;
• If mediation does not resolve the problem, either party can refer the problem to the
Employment Relations Authority for investigation.
• The Employment Relations Authority can direct the parties to mediation, or can
investigate the problem and issue a determination.
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• If one or other of the parties is not happy with the Employment Relations Authority's
determination, they can refer the problem to the Employment Court.
• In limited cases, there is a right to appeal a decision of the Employment Court to the
Court of Appeal and to the Supreme Court.
