Standard Operating Policy

Transcription

1 ENGAGEMENT IN OTHER (SECONDARY) EMPLOYMENT POLICY Document No. SOP File No. 06/1132 (D13/2862) Date issued 13 February 2013 Contents Policy Statement Engagement in Other (Secondary) Employment Policy Guideline Employee Guidelines Seeking Approval to Engage in Other Employment Manager Guidelines Reviewing Applications for Other Employment Attachment A1: Application to Engage in Other Employment Form 144 A2: Letter of Approval for Other Employment A3: Letter of Refusal to Undertake Other Employment A4: Notification of Holding Office Author Branch Workforce Unit Branch Contact Division Summary Applies to Manager Human Resources Services Corporate Services Review Date 1 July 2015 Previous Reference Status Approved by The following policy outlines the process to be followed by staff seeking permission to undertake other employment. All Ambulance Service of NSW (Ambulance) staff. SOP Active Chief Executive Revision History Version (Circular #) 13 February 2013 (SOP ) 22 August 2007 (SOP ) 16 June 2006 (SOP ) SOPP 6.11 Instructional Circular 2001/04 Amendment notes Endorsed by Chief Executive. Amendment of FORM 144 SOP updated to have Operational and Corporate Managers be responsible for approving applications for secondary employment. New SOP coversheet applied in line with introduction of new Intranet. SOP content not updated. Issued by Chief Executive Officer Rescinded Compliance with this policy directive is mandatory SOP Page 1 of 11

2 CONTENTS 1. Engagement in Other (Secondary) Employment Policy Statement 3 2. Definition 3 3. Scope 3 4. Principles 3 5. Common Requirements Conflicts of Interest Health Related Industries Use of Official, Private or Confidential Information Workers Compensation, Accident and Illness Insurance and Sick Leave Part-time or Casual Ambulance Service Employees 4 6. Employee Guidelines - Seeking Approval to Engage in Other Employment General Principles Making an Application Common Conditions Special Types of Other Employment 6 7. Manager Guidelines Reviewing Applications for Other Employment General Principles Delegations Endorsing an Application Time Frame for Approving an Application Interim Approval 7 8. Withdrawal or Suspension of Approval to Engage in Other Employment 7 9. Review of Applications for Approval to Engage in Other Employment 7 Attachments: 1. Application for Approval to Engage in Other Employment (Form 144) 2. Letter of Approval for Other Employment 3. Letter of Non Approval to Undertake Other Employment 4. Notification of Holding Office SOP Page 2 of 11

3 1. ENGAGEMENT IN OTHER (SECONDARY) EMPLOYMENT POLICY STATEMENT The purpose of this policy is to outline the responsibilities of staff who wish to seek permission to undertake other employment in accordance with Clause 11L of the Health Services Regulation 2008 (NSW). Employees are required to review this policy prior to making an application to engage in other employment. This policy also outlines the matters managers and supervisors must consider in dealing with applications. The policy complements the principles outlined in the Ambulance Code of Conduct, particularly in that it is important that staff avoid situations which may give rise to conflicts of interest, and should any conflicts or possible perceptions of such conflicts arise, act in such a way that protects and promotes the interests of NSW Health and Ambulance. 2. DEFINITION Other employment (also known as secondary employment) is defined as paid or unpaid (voluntary) work for a company, government organisation, business, charity or community group. It includes selfemployment, or using your professional or clinical skills to provide an unpaid service. 3. SCOPE This policy covers all Ambulance employees. 4. PRINCIPLES This policy is supported by the following principles: Integrity - The integrity of Ambulance is paramount. Commitment - Employees must be committed primarily to their work for Ambulance. Public Interest - Employees will favour the public interest when faced with a real or perceived conflict of interest. 5. COMMON REQUIREMENTS The following must be taken into account and applied in all applications for other employment. 5.1 Conflicts of Interest Conflicts of interest may occur when an employee s personal or business interests, associations and activities (financial or otherwise) conflict with the proper exercise of their duties in the best interests of Ambulance. From time to time conflicts of interest arise in the course of employment e.g. an employee may have a second job with a company that tenders for a contract with Ambulance. Employees should try to avoid conflicts of interest wherever possible, as even the appearance of a conflict of interest could jeopardise the integrity of Ambulance Health Related Industries Other employment within the health industry and related fields is considered to pose a greater potential for a conflict of interest to arise. The secondary employer may seek some advantage through the employee by offering opportunities or incentives or otherwise influencing the employee in a way that would make it difficult for them to maintain impartiality in making decisions in their role with Ambulance. SOP Page 3 of 11

4 Careful consideration must be given to proposed other employment in companies that are in direct competition with Ambulance, such as private ambulance services or first aid services for sporting clubs, or positions in companies that do business with Ambulance, such as a sales representative for a pharmaceutical or medical equipment company. In these cases the onus will be on the applicant to demonstrate that a conflict of interest does not exist with the officer s employment in Ambulance. It is recognised that there is a longstanding tradition of Ambulance employees providing first aid training in communities. This will be taken into account when applications for other employment are being considered. Where the private interests of an employee conflict with their work for Ambulance, such conflict will be resolved in favour of Ambulance and the public interest Use of Official, Private or Confidential Information Employees with potential access to confidential information about a company or business that Ambulance deals with must not work for that company if such information arises from, or is associated with Ambulance operations. Employees must not use this information to gain an advantage for themselves or for another purpose or organisation (e.g. working for a smash repairer that deals with Ambulance). Employees must ensure that official information in any form (e.g. documents, patient health care records, education materials) must not be released or accessed by unauthorised people or external employers. 5.4 Workers Compensation, Accident and Illness Insurance and Sick Leave Employees engaged in other employment are responsible for ensuring that their secondary employer has complied with the statutory requirements regarding workers compensation insurance cover for workers they employ. Any injuries or illness sustained in the course of other employment may form a claim against the secondary employer, not Ambulance. If employees seek other employment in a self-employed capacity, they must show they have the appropriate personal accident/illness insurance. A copy of the insurance cover note is to be attached to the application form before such employment is approved. Ambulance will allow sick leave for injuries that occur as a result of other employment provided a medical certificate is supplied. If an employee is injured while working in other employment they must inform Ambulance so that Ambulance may make a claim against the secondary employer s insurance policy for any paid sick leave taken. 5.5 Part-time or Casual Ambulance Service Employees If an employee works for Ambulance on a part-time or casual basis (this includes permanent, temporary or contract basis) and has or seeks to have other employment they should advise the relevant Director of any actual, potential or perceived conflict of interest between the performance of their job with Ambulance and any other employment. SOP Page 4 of 11

5 6. EMPLOYEE GUIDELINES SEEKING APPROVAL TO ENGAGE IN OTHER EMPLOYMENT 6.1 General Principles There is no right to engage in other employment. The permission granted under the Regulation is made or withdrawn at the discretion of the delegated officer. When applying for other employment, employees must be able to show that it will not interfere with their ability to satisfy the conditions of their employment with Ambulance. This means: the employee must be available for rostered and on call shifts as required, and at the time required, by Ambulance; they must arrive at work fit to perform the full range of duties and functions of their position efficiently for the entire shift or work period; and the company, business, organisation or person that employees propose to work for should have no association with Ambulance such that confidential information could potentially be used for commercial or other advantage by the employee. 6.2 Making an Application Employees should submit their application by completing Form 144, Application For Approval to Engage in Other Employment, and returning it to their supervisor who will forward it on as appropriate. Employees will be advised in writing of the outcome i.e.: whether their application has been approved; whether any special conditions have been placed on it; and where an application is not successful, the reasons for this. 6.3 Common Conditions If the application is approved the following conditions will always apply: employees must be able to perform the full range of duties of their position as required by Ambulance; the performance of other employment directly before or after a rostered shift will be considered as potentially giving rise to fatigue and will not be permitted; employees must not engage in the activities of their other employment while they are on duty or working for Ambulance. This includes the receiving or making of phone calls relating to such other employment; employees must not wear any part of the Ambulance uniform or use any Ambulance resources or facilities while engaging in other employment; employees, or their secondary employer, must not advertise that the employee is an employee of Ambulance or that the secondary employer employs members of Ambulance, or use any Ambulance logo, image or copyright material; employees must not at any time state, suggest or imply that their other employment is in any way connected to, or has the endorsement of, Ambulance; other employment must not be accommodated by sick leave or workers compensation leave, short notice roster alterations or roster manipulations; where the nature of other employment, or its location, alters in any way employees must inform Ambulance and a new application may be required; employees may be asked to resign from their other employment or office, if Ambulance has grounds to consider such employment is in conflict with their duties as an employee of Ambulance; employees must provide Ambulance with a written authority to gain access to the records of the proposed secondary employer in regard to the employee s work attendance, sick leave and workers compensation as a prerequisite for being given permission to engage in secondary employment; and SOP Page 5 of 11

6 employees are not permitted to engage in other employment until they have received written advice that the application has been approved. Approvals for other employment are granted for periods of up to 12 months and the employee must reapply prior to the expiration of their approval or if their working conditions change. Supervisors will discuss an employee s application with them if they propose not to support it. 6.4 Special Types of Other Employment Sometimes employees hold particular roles or positions in the community that may not appear to be secondary employment. Such roles include: Civic or honorary positions e.g. within Local Government or as a president or secretary of a board or committee; being a member of the Defence Force Reserve; owning or operating a primary producing property or hobby farm; or if an employee is the director of a company. In all such instances, employees are required to notify Ambulance of the position they hold. Holding of the position should not interfere with the employee s Ambulance duties and, where a conflict of interest arises, employees must consider their duty to Ambulance as paramount. In some cases, employees may be asked to resign from an office or post. 7. MANAGER GUIDELINES - REVIEWING APPLICATIONS FOR OTHER EMPLOYMENT 7.1 General Principles Managers who approve or endorse applications for other employment must, in each case, consider the following: the nature of the duties, industry or employer identified within the application for other employment and whether it falls within a category that has a greater potential for a conflict of interest (i.e. health related); whether the application will have any effect on the operational requirements of Ambulance at the station/local, sector and Division/Unit levels, including rostering; the hours of the proposed other employment and the risk of the employee being unable to carry out their normal duties as required; the workers compensation insurance and liability cover of the proposed other employer, or that applications for self-employment have adequate personal accident/illness insurance; and if known, the public reputation of the company or nature of business that the employee seeks to undertake. 7.2 Delegations The delegation to approve engagement in other employment is covered in the Delegations Manual under Delegation HRM31 Permission for an employee to engage in private employment. Withdrawal or suspension of permission to engage in other employment is also covered by this Delegation. A decision to withdraw or suspend permission to engage in other employment must be communicated in writing to the employee. SOP Page 6 of 11

7 7.3 Endorsing an Application When the immediate supervisor receives an application they must indicate whether they endorse the application, in the place provided on the form, taking into account local considerations. 7.4 Time Frame for Approving an Application Applications should be considered within 21 days of receipt of the application by the first line supervisor. 7.5 Interim Approval Managers are to notify applicants of any significant delay in dealing with their request to continue other employment and interim approval of up to one month may be granted locally, where a previous application exists. Supervisors at every level should discuss their decision with the applicant, especially if they propose not to support an application for other employment. 8. WITHDRAWAL OR SUSPENSION OF APPROVAL TO ENGAGE IN OTHER EMPLOYMENT Permission to undertake other employment may be withdrawn or suspended at any time by the delegated officer for the following reasons: when an employee is on workers compensation leave; when an employee has taken or is on sick leave; when Ambulance is investigating an apparent conflict of interest relating to an employee's other employment, or where a conflict has arisen; or where other actions by the employee could have, or have had, a detrimental effect on the standing or reputation of Ambulance. 9. REVIEWS OF APPLICATIONS FOR APPROVAL TO ENGAGE IN OTHER EMPLOYMENT If an employee has applied for permission to engage in other employment and it has been refused, suspended or terminated they can request a review of the decision. A review will only take place where an employee can show the application was suspended, terminated or not dealt with in accordance with this guideline, or was in some other way not properly dealt with. The review will be undertaken by the General Manager or Director of the work area in which the employee is appointed. Employees have 21 days from receipt of the decision to request a review. SOP Page 7 of 11

8 Attachment 1 APPLICATION FOR APPROVAL TO ENGAGE IN OTHER EMPLOYMENT FORM Employee Details (Please attach a separate sheet if more space is required) Name: Position: Employee number: Location: Hours of duty: 2. Other Employment Details (paid employment, engagement or voluntary work) Employer : Contact: Employer address: Phone number: Duties (attach statement if necessary): Location of work: Hours per week: Shifts per week: 3. Self-Employment Details Business name: Business address: Duties (attach statement if necessary): Location of work: Hours per week: Shifts per week: Personal accident and illness insurance details (please attach a copy of Cover Note): 4. Conflict of Interest Is there a potential conflict of interest between your duties as an Ambulance employee and the proposed employment? Yes No If yes, how will you deal with this conflict of interest? 5. Ambulance Hours of Work/Shift Roster How will the hours of other employment be managed to enable Ambulance hours of work/shifts to be met? 6. Previous Applications Have you applied previously for other employment? (If yes, please provide brief particulars of previous application/s): Yes No Date of application Ambulance workplace at the time Nature of employment Approved Yes / No 7. Application s Declaration. I am aware of the principles and conditions relating to other employment and the requirements set out in the Health Services Regulation 2008 (NSW) and the Engagement in Other (Secondary) Employment Policy. The information supplied in this application is true and correct in every particular and is made in good faith. I agree that Ambulance may contact my other employer and I understand that the approval to undertake other employment is withdrawn when I am on sick leave or workers compensation leave. Signature: Date: 8. Approval Supported Station Officer or First Line Supervisor: Signature: Yes No Duty Operations Manager or Next Line Supervisor: Signature: Yes No Zone or Unit Manager: Signature: Yes No Director: Signature: Yes No *Attach a detailed summary if not approved SOP Page 8 of 11

9 Attachment 2 LETTER OF APPROVAL FOR OTHER EMPLOYMENT (containing conditions that apply to all employees who have approval) on local letterhead (name and address of applicant) Dear I refer to your recent Application for Approval to Engage in Other Employment, received by me on and advise that your application has been approved subject to the following principles and guidelines contained in the Engagement in Other (Secondary) Employment Policy. Approval is given for you to engage in other employment as specified below: Name of Employer: Position Title: Nature of Duties Performed: Please note the following: You must be able to perform the full range of duties of your position as required by Ambulance. You must not engage in the activities of your other employment while you are on duty or working for Ambulance. This includes the receiving or making of phone calls relating to your other employment. You must not wear any part of the Ambulance uniform or use any Ambulance resources or facilities while engaging in other employment. You, or your secondary employer, must not advertise that you are an employee of Ambulance, that your secondary employer employs members of Ambulance, or use any Ambulance logo, image or copyright material. You must not at any time state, suggest or imply that your other employment is in any way connected to, or has the endorsement of Ambulance. Your other employment is not to be accommodated by sick leave or workers compensation leave, short notice roster alterations or roster manipulations. If the nature of your other employment, or its location, alter in any way you must inform Ambulance and a new application may be required. You may be asked to resign from your other employment or office, if Ambulance believes such employment is in conflict with your duties as an employee of Ambulance. SPECIFIC CONDITIONS APPLYING TO THIS APPLICATION (if any) This approval is valid for a period of twelve (12) months and expires on (insert date). You will be required to submit another application form prior to this date if you wish to continue undertaking other employment. Please note that no reminders will be sent by Ambulance to remind you that your current approval is due to lapse. It remains the employee s responsibility to manage this process. Yours sincerely (Delegated Officer) SOP Page 9 of 11

10 Attachment 3 LETTER OF NON APPROVAL TO UNDERTAKE OTHER EMPLOYMENT On local letterhead (Name and address of applicant) Dear I refer to your recent Application to Engage in Other Employment, received by me on and advise that after careful consideration your application has not been approved. The reason your application has been refused is [insert reasons here - they must be based on the guidelines and principles outlined in the Engagement in Other (Secondary) Employment Policy]. You may seek a review of this decision. Please refer to the Engagement in Other (Secondary) Employment Policy for further information. If you have any queries please do not hesitate to contact me on.. Yours sincerely SOP Page 10 of 11

11 Attachment 4 NOTIFICATION OF HOLDING OFFICE Ambulance Service of New South Wales (Ambulance) This is to be handwritten, in BLOCK letters. Where there is insufficient space please attach a separate sheet. NOTE: This form is to be completed by employees who hold office with any organisation or group. Approval to hold office is not required, however, Ambulance may ask that you resign from that office if it is not considered appropriate or has the potential to create a conflict of interest with Ambulance. Details Name: Position (with Ambulance): Nature of Office Held Organisation: Contact: Position held: Duties: Hours of duty: Employee number: Employer address: Phone number: Location: Hours of duty: Will holding this position create a potential conflict of interest with Ambulance? Yes No Unsure If yes please detail the potential conflict of interest and how you will manage it. Applicants declaration: I am aware of the requirements set out in the Engagement in Other (Secondary) Employment Policy and the Health Services Regulation 2008 (NSW). I am aware that Ambulance may require me to resign from this office. The above notices made by me are true and correct in every particular and are made in good faith. Applicants signature: Date: SOP Page 11 of 11