Managers Guide to Consultation

Managers Guide to Consultation



Applies to: all TWL 

Overview

Remember as a leader in the business, you are responsible for delivering excellence through the use of business processes. You need to listen, understand and help guide the team to follow the processes outlined in this guide. 


Consultation Process

What is consultation 

Consultation involves the statement of a proposal not yet finally decided upon, listening to what others have to say, considering their responses and then deciding what will be done. 

Consultation does not require agreement from the other party but it is more than mere prior notification. Genuine effort must be made to accomodate the views of those being consulted as consultation should be a reality, not a charade. 

Why is it important to get Consultation right?

There are a number of times when we are required to consult with team members either because of an employment agreement rquirement or a Good Faith requirement. Good Faith is an obligation on parties to be "active and constructive in establishing and maintaining a productive employment relationship." If we fail to consult properly this could halt a project, overturn a dismissal, make a redundancy process unjustifiable and so on. 

Consultation is not hard but it can be time consuming. However considering the cost involved in both time and money if it goes wrong it is awlways best to get it right the first time. 

When should we consulting with team members?

  • When considering suspension during a disciplinary process
  • When proposing a restructure or redundancy
  • When required to do so by an employment agreement provision eg change of days of work
  • When proposing a change that will have a major impact on the team member
  • The Employment Relations Act requires consultation with a union and team members about “The employees collective employment interests including the effect on employees of changes to the employer’s business”
Matters the Employment Court has looked at include consultation over changes to provision of meals for Doctors and introduction of a random drug testing policy. 


What are the Steps in a Consultation Process?

  • Let the affected parties know what you are proposing and why and what the timeline is
  • Provide all relevant information so the other party can get a full understanding of the situation and the reason for the proposal
  • Provide sufficient time for the team to properly consider the proposal and provide feedback
  • Consider feedback and how the proposal might be changed to accomodate any concerns raised
  • Where appropriate ensure there is evidence of consideration e.g. emails, minutes of meetings, files notes
  • Respond to the feedback
  • Reach a decision only after all the feedback bas been considered - consultation does not require you to agree with the feedback

Consultation before Suspending a Team Member during a Disciplinary Process

Suspension on pay is not automatic in all disciplinary cases. However as the manager you should consider it when alleged serious misconduct with dismissal as an outcome is being dealt with.

Reasons for suspension include:
  • When an allegation fo misconduct is being investigated and where the team member's presence would hinder an investigation
  • Taking the "heat" out of a situation where other team members are involved
  • Reducing the emotive element
  • Due to the nature of the allegations of a serious misconduct or incompetence being investigated e.g. unauthorised possession of company property
  • Where the team member is unfit for work due to drugs or alcohol, or otherwise incapable of effective work
  • Where the safety of other team members is at risk if the first team member is at work 

How long should suspension be for?

Suspenion for a disciplinary matter is on full pay and for the shortest time practicable 

What is the process for suspending a team member?

Complete the Step One form - DO NOT tick either of the boxes re suspension.

Give the Step One to the Team member in a private area.

Explain that you are proposing to suspend the team member:

Manager: “As you can see this matter is a serious one and I feel that because of the allegations involved that it would be better if you were not at work until it is resolved. So we are proposing to suspend you on full pay. This would also give you time to prepare for the meeting including getting representation.

Do you have anything to say about the proposed suspension?”

Team Member: “ So you are suspending me because you think I did it?”

Manager: “ No, I haven’t made any decision on the allegations. However, as I said this is a serious matter so I think it is better for you not be at work until it is resolved. Do you have anything else to say about the proposed suspension?”

Team Member: “I want to stay at work. I didn’t do it”

Manager: “I’m going to take time to consider what you have said. Please wait here while I do so” (leave the team member and take 5 – 10 minutes to consider the matter).

"I've considered what you said but I can assure you that no decision has been made yet, that is what the meeting tomorrow is for - to give you a chance to fully explain. However as I said it is a serious allegation. I have considered what you said but believe it will be better if you are suspended on full pay until the matter is resolved." (tick the box on the Step One). 

Refer to the Managers Guide to Disciplinary Process for more information about Suspension


Consultation for a restructure or redundancy

It can seem to be a cumbersome process but not getting this right can make a redundancy termination of employment unjustified. Many employers fall at the last hurdle of the consultation process through trying to rush  ahead when they should be stepping back or by refusing to allow any delays in the process

Process
  • Check employment agreements for any consultation provisions e.g. timelines for prior notification to unions
  • Invite the team to meetings either individually or collectively as appropriate
  • Share the proposal with the team giving them as much information as possible about the proposal
  • Communicate timelines and response times clearly
  • Make sure you include those on annual leave and parental leave
  • Consider all the feedback and adjust proposal accordingly
  • Where appropariate give answers as to why/why not feedback has been included
  • Notify team of the final outcome
Note: sometimes at the last minute a team member may ask to delay the process or the timeframe for feedback. Do no automatically say no to this. Consider why they are asking for the delay and if you can reasonably accomodate it. Consult with Ask People Support. 

Keeping a Paper Trail

This will be important in any dispute about the suspension. A witness is also useful. 

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