Dive Otago Employee Handbook PDF

EMPLOYEE HANDBOOK Version 7.0 1 of 52 Version 1.0 2.0 Amendments Updated Organisation Chart. ● Inserted information about the SMS. ● Updated formatting to align with SMS documents. ● Updated Drug and Alcohol Policy. ● Added Student / Staff Relationship clause. ● Added clause about ac...

EMPLOYEE HANDBOOK Version 7.0 1 of 52 Version 1.0 2.0 Amendments Updated Organisation Chart. ● Inserted information about the SMS. ● Updated formatting to align with SMS documents. ● Updated Drug and Alcohol Policy. ● Added Student / Staff Relationship clause. ● Added clause about accepting friend requests from current Tertiary students on Facebook. Added clause on staff and students consuming alcohol and drugs on Dive Otago facilitated trips. 14.10.14 Updated New Employee Inductions section. Inductions must be completed before training staff commence teaching. Updated Dive Otago Staff Structure. 20.10.14 Updated 87. Student / Staff Relationship staff must not enter into close, intimate or exclusive relationships with current Tertiary students. Updated 19.4. Code of Conduct - Breaches - entering into close, intimate or exclusive relationships with current Tertiary students will be treated as serious misconduct. 21.11.14 ● ● 4.0 ● ● 5.0 Version 7.0 Date ● ● 3.0 Approved ● Added to Breaches of Code of Conduct: “Behaviour that endangers the health and safety of the employee or others” ● Added to Breaches of Code of Conduct: “Conducting a criminal act or engaging in criminal activity during or outside or work hours” 28.08.14 05.08.16 2 of 52 6.0 ● ● 7.0 ● ● ● ● ● ● ● ● Version 7.0 Updated explanation New Staff Inductions as per Support Adventure website Explanation of Verification of Competence added to General Recruitment Updated Mission Statement Addition of Child Protection Policy (Section 19) Addition of Criminal Charges and Convictions Policy (Section 25) Updated Social Networking and Blogging Policy Updated Maternity and Parental Leave as per Employment New Zealand Updated Paternity Leave to Partner Leave as per Employment New Zealand Updated Redundancy: reference to clause 19 in Individual Employment Agreement Updated Resignation: notice period from two to four weeks 05.08.16 Amelia Saxby 11.04.23 3 of 52 1. Table of Contents 1. Introduction 2. History of Dive Otago 3. Mission Statement 4. Company Structure 5. Abandonment 6. Absence 7. ACC Claims 8. Accidents and Reporting 9. Anniversary Date 10. Annual Leave 11. Appearance 12. Attendance 13. Bereavement / Tangi Leave 14. Bulletin Boards and Posters 15. Business Ethics 16. Business Hours 17. Cash Handling Procedures 18. Cell Phones 19. Child Protection Policy 20. Code of Conduct 20.1. Objective 20.2. Definition 20.3. Obligation 20.4. Breaches 20.5. Disciplinary Procedures 20.6. Formal Warning 20.7. Staff Disciplinary Rights 20.8. Resolving an Employment Relationship Problem 20.9. Personal Grievances 20.10. Settlement Procedure 21. Communication 22. Company Benefits 23. Company Property 24. Company Purchases and Purchase Orders 25. IT Policy 25.1. Social Networking and Blogging Policy 26. Confidential Information and Non-Disclosure 27. Conflict of Interest 28. Criminal Charges and Convictions Policy 29. Cultural and Sports Leave 28. Customer Service 29. Customer Complaints and Requests Version 7.0 4 of 52 30. Deductions from Wage 31. Disciplinary Procedures 32. Disclosure 33. Emergency Closures 34. Employee Purchases and Discounts 35. Employee Obligations 36. Employer Obligations 37. Employment Status 38. Employment Relations Leave 39. Equal Opportunities and Discrimination 40. Exit Interview 41. Expense Claims 42. General Recruitment 43. Gratuities and Gifts 44. Harassments 45. Health and Safety 45.1. Safety Management System 45.2. Communication 45.3. Machinery, Equipment and Safety Equipment 45.4. Work-Related Injuries 45.5. Workplace Assessment 46. Health Monitoring 47. Holidays 48. Hours of Work 48.1. Arrival, Departure and Access 48.2. Meal Breaks 48.3. Rest Breaks 49. Housekeeping 50. Illness and Disease 51. Immigration Law Compliance 52. Insurance on Personal Effects 53. Jury Service 54. Maternity and Parental Leave 55. Meal Breaks 56. Meal Allowances 57. Media Statements 58. Medical Examinations 59. Negligence 60. New Employee Inductions 61. Non-Compete 62. Non-Disclosure 63. Overtime 64. Parking 65. Partner Leave 66. Pay Version 7.0 5 of 52 67. Performance Reviews 68. Performance Standards 69. Personal Gains 70. Personal Phone Calls 71. Personal Property and Mail 72. Personnel Files 73. Privacy Act 74. Prohibited Substances and Drug Testing 74.1. Rules 74.2. Drug Testing 74.3. Definitions 74.3.1. Company Property 74.3.2. Drug 74.3.3. Drug Paraphernalia 74.3.4. Illegal Drug 74.3.5. Reasonable Cause 74.3.6. Under the Influence 75. Protected Disclosures 76. Public Holidays 77. Redundancy 78. References 79. Remuneration 80. Remuneration Reviews 81. Resignation 82. Risks and Issues 83. Security 84. Security Inspections 85. Sick Leave 86. Smoking Policy 87. Staff-Student Relationships 88. Succession Planning 89. Superannuation 89.1. KiwiSaver 90. Termination of Employment 91. Termination for Medical Reasons 92. Theft 93. Time off in Lieu 94. Timekeeping 95. Tools and Equipment 96. Training and Development 97. Training Expenses 98. Uniforms 99. Unpaid Leave of Absence 100. Vehicle Policy Version 7.0 6 of 52 101. Video Surveillance 102. Visitors to the Workplace 103. Workload 104. Statement of Understanding Version 7.0 7 of 52 1. Introduction This handbook contains an overview of personnel policies and practices of everyday importance to all employees. The Employee will be subject to and must observe and comply with all rules, policies and procedures in force from time to time as set out in the Employee Handbook. Dive Otago is entitled to amend, cancel or introduce such rules, policies and procedures as it considers necessary after proper consultation with staff. All such changes will be in writing and authorised by the Director(s). There may be exceptions to a particular policies or procedures for an individual where noted in the Individual Employment Agreement. The Employee Handbook is to be read in conjunction with your individual Employment Agreement, the Safety Management Plan, the Dive Operations Manual and the Academy of Diving Trust Quality Management Document. Employees who breach any of the rules, policies or procedures in the Dive Otago Employee Handbook may be subject to disciplinary action. Disciplinary procedures are outlined in this handbook. 2. History of Dive Otago Otago Dive Centre, with a staff of three (Dave Watson, Mary Watson and the late Bob Begg), was established in November 1996 to cater for all the needs of the local scuba diving and snorkeling population. The business operated from premises in Timaru Street and gradually became established with the core business focus moving from recreational to tertiary diver education. As numbers on courses increased so did the need for extra accommodation and this was found in Fox St, South Dunedin where additional space was leased. Staff numbers also increased up to six at this time. In August 1999, Otago Dive Centre became Dive HQ Otago as it aligned with the Dive HQ Franchise. The area franchise was relinquished in November 2000 and Dive Otago was incorporated on 11 December 2000 and has continued to trade under that name since. New premises were required to meet additional student and staff needs and alleviate the logistical constraints of diver training. A purpose built facility was commissioned in November 2001 and was widely recognised as the best in the country at that time. Facilities included an indoor heated pool, modern classrooms, staff office accommodation, retail store, workshop and client parking. The building is now an icon on the Dunedin landscape as it is passed by about 25,000 vehicles per day. Dive Otago has for a number of years been the premier deliverer of tertiary diver education in New Zealand. Recreational training is still an important part of the business mix, as are retail sales and servicing. We believe in a strong client and quality focus and maintain a positive relationship with a multitude of clients through this philosophy. Dive Otago staff contribute to this philosophy and are responsible for maintaining and contributing to the growth of Dive Otago. Version 7.0 8 of 52 3. Mission Statement Pūtake | Vision To create a sustainable thriving business for our whanau, staff and community Purpose To enrich people's lives through underwater experiences. Values ● Whanaungatanga - We make sure people, all people, know they belong ● Manaakitanga - We value people and relationships ● Kotahitanga - We work as a team ● Mōhiotanga - We uphold and keep up to date with the latest diving knowledge in the tikanga we teach. ● Kaitiakitanga - We look after the moana and the whenua in every way we can Dive Otago’s mission is to occupy a niche position in the training of diving career professionals. Dive Otago believes that consistent successful outcomes for students can only be achieved through close monitoring of educational and business performance indicators. Dive Otago strives to: 1. Design and develop quality assured educational programmes in scuba diving, first aid and outdoor recreation that enhance student career prospects and meet future labour market needs. ● 2. Design and development encompasses feedback from students, tutors and the industry. Quality assurance is assessed regularly through systems and procedures identified in the Quality Management Document. Market and deliver quality assured educational programmes in scuba diving, first aid and outdoor recreation that enhance student career prospects and meet future labour market needs. Dive Otago’s business history is evidence of our ability to market successfully for the future. Carefully selected and trained staff deliver quality education to enhance students’ prospects in the labour market. 3. Continue to monitor, review and uphold procedures and policies that are stakeholder driven and that continue to result in the highest levels of education, conduct and service. ● 4. Achieved through feedback from stakeholders and moderation. Evaluate, benchmark and improve delivery of educational programmes on an ongoing basis and ensure that they support the changing needs of students now and into the future. ● Version 7.0 The business plan is a living document and is continually evaluated and changed to meet 9 of 52 the needs of the stakeholders. 5. Pursue collaboration and co-operation with local Tertiary Providers including the University of Otago, Otago Polytechnic and other Private Training Establishments. ● 6. Increase cultural prominence within our programmes and nurture links with local Iwi, Māori community groups and the Pacific Island community. ● 7. Representation and communication with associated organisations will ensure that student and tutor safety is promoted and enhanced by example. Take a leadership role in the preservation of the environment by coordinating and encouraging our stakeholders to participate in local, national and international environmental initiatives. ● 9. Dive Otago’s Māori responsiveness plan is contained in the QMD. The Undaria pinnatifida eradication partnership, Nugget Point research programme and links with Akoranga whakakori programme at the School of Physical Education are evidence of our commitment. Liaise with industry and stakeholders to educate and promote the safety aspects and techniques of participation in underwater and outdoor activities. ● 8. This company has already responded to the Government’s wishes to forge stronger relationships with other TEIs and will continue to pursue mutual cooperation. Implementation of our Marine Awareness policy for students and tutors is complete. Dive Otago was contracted to the Department of Conservation to photograph the proposed Nugget Point Marine Reserve and continues to conduct a Marine Research programme on a voluntary basis. Dive Otago gives support and training to the Otago Girl’s High School Marine algae research Programme on Quarantine Island and has done so since 2003. Since our inception we have been fully committed to the principles of Project AWARE and have conducted an annual beach and ocean clean-up. Provide educational facilities and equipment that appropriately reflect our status as an industry leader in scuba diving, first aid and outdoor recreation education. ● Dive Otago now occupies a facility complete with state-of-the-art plant and equipment that reflects its commitment to quality education. 10. Ensure the long-term viability of the Company for stakeholders by continuing to improve its financial position. ● Financial forecasts are prepared three years in advance and demonstrate the ability to grow yet remain viable. The contribution of all staff is vital to achieving these company goals. Version 7.0 10 of 52 4. Company Structure Ultimately all staff report to the Directors. However, employees should refer to structure below to determine reporting lines. The Responsibilities Chart specifies individual areas of responsibility. 5. Abandonment If you are absent from duty without notification and continue to be absent for a consecutive period of not less than three working days without good cause (such as unexpected hospitalisation), then your employment may be terminated on the grounds that you have abandoned your employment. 6. Absence If you are unable to report for work, regardless of the reason, you are to personally report the nature of your absence to the General Manager or a Director as far in advance as possible. Reports of absence should be 30 minutes prior to work commencing unless the emergency/accident/illness prevents the person from reporting. If your absence continues through to the end of the day, you will also be expected to call the General Manager or a Director before the end of the day to report your condition and prospects for return on the following day. If you are incapacitated or hospitalised your absence should be reported by someone you nominate. Version 7.0 11 of 52 If you become ill while at work and must leave the premises you must seek permission to do so from the General Manager or a Director. You must advise the receptionist. Employees will seek permission from the General Manager or a Director if they wish to leave the premises for some other reason before the end of the workday. They should then advise reception of their expected return time. All reasonable requests for non work-related absences will be considered. It is, however, considered a privilege for a staff member to leave the building for non-work appointments or activities other than for scheduled breaks. If your absence is due to illness or injury, you may be required to provide a Doctor’s certificate regarding the need for your absence and ability to return to work. In the event that personal emergency necessitates absence from work, you may, upon the prior approval of the General Manager or a Director, be granted special leave. Unless your absence can be covered by annual leave or other paid time off as may be provided by your Employment Agreement, time taken off is without pay. Requests should be infrequent and limited to urgent situations. Unapproved absences will be considered misconduct under the terms of your Employment Agreement and subject to disciplinary action. 7. ACC Claims Employees are covered under the Injury Prevention, Rehabilitation and Compensation Act 2001 and amendments while at work. If you suffer a work-related accident, the first week of absence will be paid by Dive Otago at the rate determined by the Accident Compensation Corporation (ACC). Payment for absence beyond the first week will be determined by ACC. If you suffer a non-work related accident you may choose to use part or all of your sick leave or annual leave entitlement for the first week of absence. Payment for absence beyond the first week will be determined by ACC. Where an ACC claim form is completed the Employee shall be responsible for providing a copy of the claim form to the Administrator. You must notify the General Manager within one working day of filing any accident insurance claim with ACC. Notification of a work-related accident will be accompanied by the appropriate incident/accident report as outlined in the Dive Otago Safety Management Plan. It is necessary that you provide Dive Otago with a copy of all the relevant forms and copies of any such other documentary evidence and medical certificates as may be required from time to time relating to your application and continued eligibility for compensation, in addition to any information that may be required in accordance with the terms and conditions of your employment. In the event that the Employee fails to comply with this clause or any other reporting requirements as set out by Dive Otago from time to time, then Dive Otago reserves its right to dispute any claim on Dive Otago by ACC or the Employee. You may be required to return to work to undertake such alternative duties as are available and as are Version 7.0 12 of 52 reasonably within your capability and level of fitness as determined by ACC and a registered medical practitioner. 8. Accidents and Reporting The accident and incident reporting procedures are located in the Safety Management Plan and the Diving Operations Manual. All reporting is extremely important as it allows Dive Otago to analyse the factors involved to prevent future accidents. It is also of the utmost importance that you record all details accurately so that compensation or insurance can be received if necessary. 9. Anniversary Date Your anniversary date is the date of commencement of your employment. 10. Annual Leave See Individual Employment Agreement (Section 7). 11. Appearance Employees are expected to maintain a high standard of appearance at all times. Some corporate clothing is provided for staff and is to be worn on a daily basis. Corporate clothing is expected to be complemented with suitable black or blue trousers, shorts or skirts. Holed or frayed jeans do not meet Dive Otago’s standard of dress or appearance. Hats are not to be worn when teaching in the classroom or working in the shop. If staff have returned from a day’s diving they may wear hats for the remainder of the day but must then take them off if teaching a new class in the evening or serving customers in the retail area. For safety reasons staff are required to wear covered solid shoes when using the compressor or hydrostatic panel, within the workshop area, while attaching/removing trailers and any other time when there is a risk of injury to their feet from falling objects. Hairstyles should be tidy. Personal hygiene and cleanliness are required. Male employees are to be clean-shaven at all times unless they wear a moustache or beard permanently or are growing one. Those who arrive for work in unacceptable attire or are improperly groomed may be sent home to correct their appearance. Time away from work for such purposes will be without pay. 12. Attendance At Dive Otago we ask for a high standard of attendance and punctuality among all employees. We believe that attendance and punctuality are paramount to the fundamental principles of professionalism. 13. Bereavement / Tangi Leave The employee is entitled to 3 days bereavement leave where the bereavement results from the death of the employee's spouse, parent, child, brother, sister, grandparent, grandchild, father-in-law or mother-in-law. Version 7.0 13 of 52 'Spouse' includes a de facto spouse or same sex partner. The employee is entitled, to 1 day’s bereavement leave where the bereavement results from the death of any other person only in agreement with the employer where the employer will take into account: ● ● ● The closeness of the relationship or association between the employee and the deceased Whether the employee may have any responsibility for arrangements for the ceremony Any cultural responsibilities the employee has in relation to the death Employees can apply for bereavement Leave in respect of each bereavement suffered. Employees are to notify the General Manager of the need to take bereavement leave in advance where possible and as soon as possible, or alternatively, before the start of the working day. If annual holidays have started, or are about to start and the Employee suffers a bereavement, then the employer must allow the Employee to take the period related to the bereavement as bereavement leave rather than annual leave. If bereavement leave is exhausted (that is the 3 or 1 days leave for that particular bereavement) the employer may allow the employee to take annual leave entitlements if available. 14. Bulletin Boards and Posters Official items posted on the premises of Dive Otago are not to be tampered with in any way, unless prior approval of the Marketing and Sales Manager has been granted. Political, commercial and/or other promotional material is not to be posted on the premises or on Company‑owned vehicles, boats and other property. 15. Business Ethics It is the standard of Dive Otago to strive to achieve the highest possible standard of business and personal ethics. The Code of Conduct sets out the "rules" by which Dive Otago expects its management and staff members to go about its business. The absence of a specific standard or regulation does not relieve any staff member from the responsibility to exercise the highest standards. 16. Business Hours Retail hours are from 8.30am to 5.30pm, Monday to Saturday. Training hours are generally 8.30 to 9pm Monday to Sunday although there are times when these are extended for night diving, travel, early morning boat launches etc. Dive Otago may vary the business hours after consultation with affected staff to accommodate the needs of customers. 17. Cash Handling Procedures Dive Otago has its own in-house Financial Controller. All financial matters are handled by the Controller who is responsible for training relevant staff in cash and other money handling procedures relevant to their job. Version 7.0 14 of 52 Dive Otago operates a petty cash system. Any purchases must be approved by the General Manager or a Director if one is present. 18. Cell Phones The use of personal cell phones during working hours is prohibited except during rest and meal breaks. Cell phones should be turned off or on silent mode and are not to be carried on a staff member except for authorised times (breaks, diving days). 19. Child Protection Policy Dive Otago acknowledges the duty of care to safeguard and promote the welfare of children and is committed to ensuring safeguarding practice reflects statutory responsibilities, government guidance and complies with best practice. The safety and welfare of all children, whatever their age, culture, ability or disability, gender, language, racial origin, sexual orientation and religion, is paramount. Diving can contribute positively to the development of individuals, physically, personally, socially and emotionally and the policy recognises that all children should be able to enjoy their diving activities in a safe environment and be protected from harm. Dive Otago recognises that PADI professionals are in positions of considerable influence, especially when teaching and supervising children and therefore have a profound responsibility to demonstrate and set high moral and ethical standards, and to ensure that the diving activities are positive and enjoyable experiences for the children involved. Dive Otago takes efforts to ensure that Staff, volunteers and Interns understand their roles and responsibilities regarding Child Protection. Dive Otago confirms that swift, appropriate action will be taken in the event of incidents or concerns of abuse through Dive Otago robust quality management process, and that confidential and accurate records of protection concerns are maintained and stored securely. Ultimately, serious violations by Staff, volunteers or Interns of training and ethical standards can lead to dismissal from the company and/or course. Good Practice All staff, volunteers and Interns should be encouraged to demonstrate excellent role model behaviour to promote children’s welfare and reduce the likelihood of allegations being made. The following are common sense examples of good practice: ● ● ● ● ● ● Treating all people equally, and with respect and dignity Always be public when working with children—avoid situations where you and the child are completely unobserved If any form of manual support or manipulation is required, it should be provided openly Where possible, parents should take on the responsibility for their children in changing rooms. If groups have to be supervised in changing rooms, supervisors should work in pairs Encourage an open environment (no secrets) Where there are mixed groups away from home, they should always be accompanied by both male Version 7.0 15 of 52 ● ● ● ● ● ● and female members of staff Never engage in rough, physical or sexually provocative games Never share a room with a child Never allow or engage in any form of inappropriate touching Never ignore allegations made by a child Never do things of a personal nature for children they can do for themselves Never invite or allow children to stay with you at your home or workplace unsupervised It may sometimes be necessary for you to do things of a personal nature for children, particularly if they are young or have disabilities. These tasks should only be carried out with the full understanding and consent of parents and the children involved. There is a need to be responsive to a child’s reactions—if a child is fully dependent on you, talk with them about what you are doing and give choices where possible. This is particularly so if you are involved in any dressing or undressing of outer clothing, or where there is physical contact or lifting or assisting a child to carry out particular activities. Do not take children to your home or workplace where they will be alone with you, nor spend excessive amounts of time alone with children away from others, and wherever possible, do not take children alone on car journeys, however short. If these situations are unavoidable, they should only occur with the full knowledge and consent of someone in charge in your centre or the child’s parents. If you accidentally hurt a child, or if a child seems distressed in any manner or seems to misunderstand or misinterpret something you have done, report any such incident as soon as possible to other colleagues and make a brief written note of it. Parents should be informed of the incident. Dive Otago’s designated Child Protection Liaison is Virginia Watson. Tel: 0212661868 In the event of Virginia’s absence, please contact the Director of Training Emma Young. Tel: 0275295275 What to do - Summary You have immediate concerns for the safety or welfare of a child, you suspect child abuse or that the child is at risk of imminent harm? ↓ If in need of medical attention – call an ambulance ↓ Contact the Dive Otago Management, child protection liaison person, or contact from the school/youth group (if not available, act yourself) ↓ Police on 111 or Oranga Tamariki—Ministry for Children on 0508 FAMILY (0508 326 459) Version 7.0 16 of 52 or You have concerns for the safety or welfare of a child, you suspect child abuse or that the child may be at risk of harm? ↓ Contact the dive operation’s manager, child protection liaison person, or contact from the school/youth (if not available, act yourself) ↓ Police on 111 or Oranga Tamariki—Ministry for Children on 0508 FAMILY (0508 326 459) 20. Code of Conduct 20.1. Objective The intention of this policy is to: ● ● ● ● Give guidance to all staff on the standards of conduct required by Dive Otago Define breaches of conduct Describe the consequences of breaches of conduct Explain the rights of staff The policy is designed to ensure that Dive Otago operates efficiently and effectively and that Employees are treated fairly and equitably. It is an effort to explain Dive Otago’s position clearly so that disciplinary action does not come as a surprise to staff. 20.2. Definition Employees are expected to act honestly, conscientiously, reasonably and in good faith at all times having regard to their responsibilities, the interests of the Dive Otago and the welfare of colleagues and students. 20.3. Obligation Staff have an obligation to Dive Otago to: ● ● ● ● ● Be present at work as required and to be absent from the workplace only with proper authorisation Carry out their duties in an efficient and competent manner and maintain specified standards of performance Comply with lawful and reasonable employer instructions and policies and to work as directed Respect the privacy of individuals and use confidential information only for the purposes for which it was intended. Neither use, nor allow the use of Dive Otago property, resources or funds for other than authorised Version 7.0 17 of 52 ● ● ● ● ● ● ● ● purposes (including but not limited to internet, phones, paper, printing, & computer disc space, air) Incur no liability on the part of Dive Otago without proper authorisation Maintain all qualifications (including but not limited to Department of Labour, NZU and PADI) necessary for the performance of their duties legally and efficiently Not demand, claim or accept any fee, gratuity, commission or benefit from any person or persons other than Dive Otago in payment for any matter or thing concerned with their duties and responsibilities, nor to accept any gift or favour from any source which could be seen as influencing a business relationship Avoid conflicts of interest Sell and promote only Dive Otago goods and services exclusively in respect of dive, snorkeling, spearfishing and related activities Treat all customers, suppliers, students and colleagues with respect and consideration. Adhere to Dive Otago policies and procedures Actively contribute to the growth and success of Dive Otago 20.4. Breaches Misconduct involves contravention of the above obligations. Serious misconduct involves serious and/or repeated contravention of the above obligations. If established, misconduct may lead to a reprimand and warning. Serious misconduct, if established, may lead to summary dismissal, that is, dismissal without notice. Serious misconduct is behaviour which undermines the contractual relationship between Employee and Employer and/or threatens the wellbeing of Dive Otago or its staff and students. Serious misconduct includes, but is not confined to, the examples below: ● ● ● ● ● ● ● ● ● ● ● ● ● Refusing to perform properly specified duties or to carry out lawful and reasonable instructions of managers or supervisors Assaulting or threatening to assault any employee, student, or visitor on Dive Otago premises Behaving in a manner causing safety risks to students or staff, such as failure to adhere to risk management plans, or improper use of vehicles, scuba equipment Being affected by alcohol or non-prescription drugs while at work. Given the nature of working as a diver this includes attending work hungover or having inadequate sleep Having unauthorised possession of, or removing property belonging to Dive Otago, another staff member, student or visitor Wilfully submitting a false claim for expenses, or any other deliberate falsification of a record Providing Dive Otago or personal dive or snorkeling equipment to Dive Otago customers free of charge without proper authorisation (includes torches, weights, manuals) Deliberately or recklessly acting or failing to act in a manner resulting in serious damage to Dive Otago property Undertaking business activities, including training and selling of goods, in competition with Dive Otago without authorisation Entering close, intimate or exclusive relationships with current Tertiary students. Repeatedly contravening the Code of Conduct Behaviour that endangers the health and safety of the employee or others Conducting a criminal act or engaging in criminal activity during or outside or work hours (see 28 Criminal Charges and Convictions Policy) 20.5. Disciplinary Procedures Version 7.0 18 of 52 Formal disciplinary action is not taken lightly. Dive Otago’s experience has been that nearly all Employees perform well, conduct themselves professionally and overcome minor problems without the need for formal discipline. Initially, problems are dealt with in the expectation that Employees will give of their best once a deficiency is pointed out and that any difficulties can be overcome at the workplace level. Where Dive Otago has cause to believe that a satisfactory standard of performance has not been reached and maintained, or that the Code of Conduct has been breached, formal disciplinary procedures are likely to be invoked. The Employment Court has developed some important principles as to what constitutes procedural fairness in disciplinary matters and there are three main requirements: ● ● ● An Employee must receive notice of the specific allegation of misconduct and of the likely consequences should the allegation be established There must be a real opportunity for the employee to explain or refute the allegation There must be proper and unbiased consideration of the explanation Unless a matter is so serious as to warrant instant dismissal, staff are entitled to be warned about disciplinary breaches and told of the manner in which their performance or conduct must improve. Warnings may be given orally or in writing but Dive Otago ordinarily confirms formal warnings in writing. It is usually appropriate to give at least two warnings although some circumstances may call for one final warning. 20.6. Formal Warning A formal warning will include: ● ● ● ● ● ● ● ● A statement of the specific problem The Dive Otago standard or policy breached The corrective action required The period within which the corrective action must be taken Reference to the meeting(s) with the staff member and any explanation given by the staff member Dive Otago’s decision The consequences of failure to take the required corrective action or any further breach Reference to any prior warnings Dive Otago may suspend a staff member while the matter of concern is being investigated, e.g. where safety is involved. Unless the relevant employment agreement provides for suspension without pay, any suspension will be on full pay. In the case of dismissal, Dive Otago’s decision and the reasons for it will be confirmed in writing to the staff member before the dismissal is effected. 20.7. Staff Disciplinary Rights Where Dive Otago institutes formal disciplinary action and conducts interviews with the staff member for that purpose, the staff member is entitled to bring a friend, a union representative or other person to Version 7.0 19 of 52 any such meeting. 20.8. Resolving an Employment Relationship Problem The Department of Labour provides mediation services, which can assist Employers and Employees in resolving their employment relationship problems including: ● ● ● Information about rights and obligations Information about services Assistance in resolving problems If you are in disagreement with fellow employees, or have suggestions which will improve operations, you should first discuss the matter with the Managing Director. If you are not satisfied with the assistance offered, or feel you cannot openly or effectively discuss the matter with the Managing Director, you can advance your idea or concern to another Director. Employees may wish to consult the Academy of Diving Trust’s Protected Disclosures Policy in cases of serious wrongdoing in relation to Academy of Diving Trust training. 20.9. Personal Grievances If the Employee considers that they have grounds for a personal grievance, they must raise the grievance to the Employer or a representative of the Employer. The grievance must be raised within the period of 90 days beginning with the date on which the action alleged to amount to a personal grievance occurred or came to the notice of the Employee, whichever is the later, unless the Employer consents to the personal grievance being submitted after the expiration of that period. Where the Employer does not consent to the personal grievance being submitted after the expiration of the 90-day period, the Employee may apply to the Employment Relations Authority for leave to submit the personal grievance after the expiration of that period. Where a personal grievance has been raised to the Employer, the Employer must respond to the personal grievance within 14 days from the day the Employee has made the Employer aware (or as soon as the Employer ought to reasonably to be aware) that the Employee alleges a personal grievance that the Employee wants the Employer to address. The Employer must either grant the remedies sought by the Employee or provide a written statement setting out the Employer's view of the facts and the reasons why the Employer is not prepared to grant the remedies sought by the Employee. If the Employee is not satisfied with the Employer's written response or the Employer fails to provide a written response within the 14-day period, the Employee may refer the personal grievance to the Employment Relations Authority and the claim will be dealt with under the Employment Relations Act 2000. 20.10. Settlement Procedure Version 7.0 20 of 52 If the Employee considers that they have a dispute about the interpretation, application or operation of their employment contract, they must submit the dispute to the Employer or a representative of the Employer. The dispute must be submitted within the period of 90 days beginning with the date on which the action alleged to amount to the dispute occurred or came to the notice of the Employee, whichever is the later, unless the Employer consents to the dispute being submitted after the expiration of that period. Where the Employer does not consent to the dispute being submitted after the expiration of the 90-day period, the Employee may apply to the Employment Relations Authority for leave to submit the dispute after the expiration of that period. Where a dispute has been submitted to the Employer, the Employer must respond to the dispute within 14 days from the day the Employee has made the Employer aware (or as soon as the Employer ought to reasonably to be aware) that the Employee alleges a dispute that the Employee wants the Employer to address. The Employer must either grant the remedies sought by the Employee or provide a written statement setting out the Employer's view of the facts and the reasons why the Employer is not prepared to grant the remedies sought by the Employee. If the Employee is not satisfied with the Employer's written response or the Employer fails to provide a written response within the 14-day period, the Employee may refer the dispute to the Employment Relations Authority and the dispute will be dealt with under the Employment Relations Act 2000. Other legislation that may be relevant and in some cases includes The Human Rights Act 1993 and The Race Relations Act 1971. 21. Communication Each Job Description outlines the lines of communication that are expected from each individual. These lines are also referred to in the Company Structure. It is the goal of Dive Otago to ensure employees are able to communicate their concerns and suggestions in an open manner. This may be in a meeting with their direct manager, in a staff meeting or in a training meeting. Where an employee feels they are unable to discuss an issue with their direct line manager, the General Manager or a Director they have the following options: ● ● ● ● Ask for a meeting with management and a support person Ask for a meeting with management and their union representative (if applicable) Personal Grievance as per the Code of Conduct Protected Disclosure to the Academy of Diving Trust (matters of Tertiary training) 22. Company Benefits Dive Otago may from time to time offer benefits to Employees. Extra benefits are a way for Dive Otago Management to recognise your good performance and are indicative of a commitment to that employee. These may include provision of equipment, annual training, membership costs and maintenance costs. Where benefits have been extended to Employees, Dive Otago reserves the right to recoup the costs of such benefits, pro rata, should an Employee resign or be dismissed within 12 months of the benefit being received. Any equipment owned by Dive Otago will be returned by the Employee prior to their last day. Version 7.0 21 of 52 Employees may be given the option to buy the equipment at the discretion of the Managing Director. 23. Company Property A register is kept of all scuba and snorkeling equipment owned by Dive Otago. Each piece of equipment is numbered allowing for easy identification. The responsibility for the upkeep of the register remains with the Workshop Manager. Should any equipment be discarded or moved to a different area, staff should seek the prior approval of the Workshop Manager who will seek approval from a Director. In cases where plant is sold the Workshop Manager must notify the Financial Controller so that the necessary accounting adjustments are made. There are maintenance procedures for all Dive Otago property and employees are to ensure that all cleaning, maintenance or service necessary is provided or advised immediately to the Workshop Manager so that the equipment is maintained in good condition. Dive Otago goes to great effort to ensure that all equipment is up to date and in good working order. The investments made for upkeep and maintenance of all equipment is considerable. A caring attitude combined with common-sense application will enhance the life of the equipment and minimise inconvenience to the user. Employees are asked to treat all equipment, vehicles and plant with respect. Employees may be subject to disciplinary action in respect of company property that goes missing, is stolen or damaged due to negligence or carelessness on their part. Employees may seek approval to use Dive Otago scuba/snorkeling equipment for personal diving provided the equipment taken is limited to that person’s use and a hire sheet is filled out in full. Use of company boats or vehicles is at the discretion of the Directors. Unauthorised removal or unauthorised possession of Dive Otago’s property or the property of another Employee is considered stealing and will therefore be dealt with under disciplinary procedures. All written work produced by Employees in the course of their work, including computer programmes and spreadsheets, remains the property of Dive Otago, unless an agreement is reached in writing with the Directors before the work is produced. Any formal correspondence sent out on company letterhead paper is to be viewed by the General Manager or a Director. Facsimile machines, email, letterhead, stationery and telephones are not to be used for any private communications by Employees. 24. Company Purchases and Purchase Orders Only authorised persons may purchase supplies in the name of Dive Otago. No Employee whose regular duties do not include purchasing shall incur any expense on behalf of Dive Otago or bind Dive Otago by any promise or representation without written approval. Any and all purchases must be approved by a Director. Employees are strictly forbidden to make purchases or use any charge account in Dive Otago's name for personal use. 25. IT Policy Employees have access to computers to facilitate their job. The computer system contains a vast amount of Version 7.0 22 of 52 intellectual property and data that belongs in its entirety to Dive Otago. Employees must comply with all systems, procedures and policies established by Dive Otago with regard to computer email, intranet, and internet use. All computers are networked to a server that is firewalled to protect Dive Otago data. The system must be treated with all care with regard to the preservation of the intellectual property and data contained therein. Dive Otago may utilise systems to control intranet, email and internet use. All electronic information stored or used in the course of the Employee's work may be accessed by Dive Otago. Computers, email, intranet and the internet are to be used for business purposes only and not for private use. Inappropriate email, intranet and / or internet use is prohibited. Employees may only access those computer files that relate directly to their work. Login passwords are not to be shared with other persons. Historical computer settings are not to be altered without the approval of the Marketing and Sales Manager. Unless specifically authorised by the Marketing and Sales Manager no Employee is to: ● ● ● ● Install or copy software onto any part of Dive Otago’s computer system Copy software from Dive Otago’s computer system Use the computer system to transfer copies to another computer system or data storage system Copy or use illegal software on Dive Otago’s computer system Computer discs with data received from outside Dive Otago must be used with care and you may be held liable if you do not ensure they are clear of viruses. Downloading of photographs is authorised for the development of marketing, advertising, or training materials only. Everyone must ensure they delete unused files, particularly photographs or video to ensure the server or individual hard-drives do not become overloaded. 25.1. Social Networking and Blogging Policy In general, the Employer views social networking sites (e.g. Facebook, Instagram, TikTok), personal websites and blogs positively and respects the right of employees to use them as a medium of self-expression. If an employee chooses to identify himself or herself as an employee of the Employer on such internet venues, some readers of such websites or blogs may view the employee as a representative or spokesperson of the Employer. In light of this possibility, the Employer requires, as a condition of employment by the Employer, that employees observe the following guidelines when referring to the Employer, its business, its customers, suppliers, and/or other employees, in a blog or on a website: ● ● ● ● ● Employees must be respectful in all communications and blogs related to or referencing the Employer its customers, suppliers, and/or other employees Employees must not use obscenities, profanity, or vulgar language Employees must not use blogs or personal websites to disparage the Employer, its customers, suppliers, and/or other employees Employees must not use blogs or personal websites to harass, bully, or intimidate anyone including other employees. Behaviours that constitute harassment and bullying include, but are not limited to, comments that are derogatory with respect to race, religion, gender, sexual orientation, colour, or disability; sexually suggestive, humiliating, or demeaning comments; and threats to stalk, harass, or physically injure another person. Employees must not use blogs or personal websites to discuss engaging in conduct that is prohibited by the Employer's policies, including, but not limited to, the use of alcohol and drugs, sexual behaviour, Version 7.0 23 of 52 ● sexual harassment, and bullying; Employees must not post pictures of the Employer, its customers, suppliers and/or other employees on a website without obtaining written permission. Any employee found to be in violation of any portion of this Social Networking and Blogging Policy will be subject to immediate disciplinary action, up to and including termination of employment. 26. Confidential Information and Non-Disclosure The Employee undertakes not to disclose to any person, or make use of, any information or material regarding personal details of any other Employee that has been obtained during the course of their employment with Dive Otago. The Employee shall not remove or copy any confidential, or commercially sensitive and commercially valuable information, including client / customer information, from Dive Otago's premises without the consent of Dive Otago. Employees shall not at any time or for any reason, whether during the term of their employment or after its termination, use or disclose to any person any confidential information or trade secrets of Dive Otago except so far as may be reasonably necessary to enable the Employee to fulfill their obligations under this agreement. Employees shall not disclose any confidential information to any other Employee who is not authorised to receive it. Employees shall not use any confidential information relating to Dive Otago's business, or information gained through their employment, to their own benefit, as distinct from the benefit of Dive Otago. Employees shall not use or attempt to use any confidential information in any manner, which may injure or cause loss whether directly or indirectly to Dive Otago. The protection of confidential business information and trade secrets is vital to the interests and success of Dive Otago. Such confidential information includes, but is not limited to, the following examples: ● ● ● ● ● Financial information Marketing strategies Pending projects and proposals Personnel/Payroll records Conversations between any persons associated with Dive Otago Except in the course of carrying out your legitimate duties for Dive Otago, confidential information must not be removed from the premises, transmitted or copied to any medium, including but not limited to email, photocopy, scan or transfer to computer disc or drive or in any way used for your personal benefit. Your duty of confidentiality shall continue to apply during the term of this agreement and after its termination without limit in time, but shall not apply to information that has become public knowledge or a matter of public record. All records and files maintained by Dive Otago are the property of Dive Otago and are confidential. In many Version 7.0 24 of 52 cases they are covered by the Privacy Act. They are not to be copied or disclosed to any party except when authorised by the General Manager or a Director. Confidential information includes, but is not limited to, information concerning transactions with customers, customer lists, personnel and payroll records of present or past employees, financial records of Dive Otago, records of purchases from vendors and suppliers and any other information regarding the business affairs or operating practices or procedures of Dive Otago. 27. Conflict of Interest Employees have the responsibility to work in the best interests of Dive Otago and avoid situations and actions that may be or create the appearance of being in conflict with Dive Otago’s overall objectives and principles. Whilst employed by Dive Otago you must not invest personal funds or obtain an interest in or establish any other business or undertake any other employment of any nature which will conflict with the interests of or be in competition with Dive Otago or which may impair your ability or judgment to appropriately or adequately perform your duties for Dive Otago. You must not use Dive Otago assets (including but not limited to equipment, funds, facilities, information, or personnel) for the benefit of other business or personal interests. 28. Criminal Charges and Convictions Policy Employees are required to hold a clean and recent New Zealand police vet when starting employment at Dive Otago. Employees are required to disclose any criminal charge or conviction that could result in a sentence of Incarceration (Prison), Home Detention, Community Detention, Intensive Supervision or Supervision. Any criminal conviction on your part involving abuse of a minor or sexual abuse of an adult occurring either during or prior to your membership with PADI, will be automatic grounds for denial or termination of your PADI Membership. Your Employment will be terminated in accordance with Clause 14.3(a) of the Individual Employment Agreement. Where Employees have criminal convictions of some types (particularly those involving violence), or have been charged with some types of offenses, Dive Otago needs to consider whether it means that they pose an additional risk to other students or staff. Dive Otago may decide in some cases that the nature of a criminal conviction or charge means that, in order to meet the duty of care, the Employee may be restricted to take part in some activities. It may be decided that an Employee’s presence on campus is not compatible with Dive Otago’s responsibility to provide a safe and secure environment for students and staff, and therefore the Employee may be excluded from accessing the delivery site temporarily (while awaiting outcome of a pending charge) or permanently (upon conviction). Where action is taken of this kind it will comply with the Academy of Diving and PADI’s Code of Conduct and Clause 14.3 of the Individual Employment Agreement. All disciplinary matters will be brought before the Directors of Dive Otago. The Employee may nominate a witness to the proceedings. The Directors have a lower burden of proof than criminal proceedings as they are not privy to the same level of information or investigative tools as the police or the courts. Decisions will Version 7.0 25 of 52 be made on a balance of probability and fairness and will be approached with neutrality. The Directors decision will be final and binding. 28. Cultural and Sports Leave Dive Otago recognises the demands made on those chosen to represent their province or country in a cultural or sporting activity. In an effort to enable the individual concerned to meet their commitments, Dive Otago may, at its discretion, grant up to five days' special leave without pay per year. Consideration by a Director will be given to extending this leave for those selected to represent New Zealand. 29. Customer Service Customer service is a series of activities designed to enhance the level of customer satisfaction – that is, the feeling that a product or service has met the customer's expectations. It is the role of all employees, regardless of position, to ensure customer satisfaction is achieved. Dive Otago. Customers include anyone purchasing our services or goods and all suppliers and contractors. Dive Otago’s goals include providing a quality product and superior service that results in long-term customer satisfaction. Each and every contact a client has with our company (written or verbal) must leave a positive and professional impression on our customers. Staff are required to stand when a customer enters the building (excludes tertiary students entering the building for class each day). Full attention is to be given to the customer on arrival. All staff at Dive Otago are required to contribute towards the positive service and commitment to our clients. 30. Customer Complaints and Requests A customer, who complains, gives us the opportunity to rectify an issue and thereby provide customer satisfaction. If you receive a verbal complaint or a request from a customer, thank them, and then ask for a moment while you record the details in writing. Read their complaint/request back to them, including their name and contact details. Advise when they will be contacted. Don’t promise something you or Dive Otago cannot do and be sure to detail the date, time and any promises on the note. All formal complaints must be advised to the General Manager. If you have the authority to resolve the complaint yourself, do so promptly. If not, pass the details to the General Manager for action. 31. Deductions from Wage The Employer is entitled to make a rateable deduction from the Employee's pay for time lost through the Employee’s own fault, for damage caused by the Employee's negligence or any time the Employee is absent from work without good reason. The employee will be advised of the amount to be recovered, a full explanation of the reasons for the overpayment if it was not reasonably practicable for Dive Otago to avoid making the overpayment. The signing of this agreement provides Dive Otago with the consent required to recover overpaid wages. In the event of an overpayment of wages to the Employee, the Employer may recover the amount of the Version 7.0 26 of 52 overpayment by way of deduction from any subsequent payment due to the Employee, provided the Employee is given written notification of the Employer's intention to recover the overpayment. Such notice must be given in accordance with the provisions of the Wages Protection Act 1983. The Employee will be advised of the amount to be recovered, and be given a full explanation of the reasons for the overpayment. The signing of your Employment Agreement provides the Employer with the consent required to recover overpaid wages. In the event of termination of employment the signing of the Employment Agreement provides the Employer with the authority required to deduct from the final pay whatever monies it may be owed under the employment relationship. 32. Disciplinary Procedures Whilst we would like to think that situations requiring disciplinary action will not arise, it is important that we have processes and policies in place to deal with such matters. Please take the time to read the rules and procedures contained in the Code of Conduct included in this Employee Handbook relating to misconduct, suspension, warnings and dismissal. It is important that you familiarise yourself with that document both so that problems can be avoided and so that you are aware of your rights and obligations should such a situation arise. The same warning procedure may apply where employee performance becomes a problem, without warranting summary dismissal or dismissal with notice at that point, after appropriate discussion and positive measures have been tried. The cumulative effect of warnings is not limited to offenses of a like nature. 33. Disclosure It is very important that Dive Otago Employees are suited to their type of work and work environment and that they are capable of carrying out their duties safely and competently. For this reason we need to be very sure before employing you that we are aware of any issues or problems that may affect your work or your ability to perform your work or that might otherwise adversely impact upon Dive Otago. It is a condition of your employment with Dive Otago that: ● ● All representations, whether verbal or written, made by you in applying for your job at Dive Otago are true and complete You have not deliberately failed to disclose any matter that would conflict or interfere with your ability to discharge any of your functions or responsibilities for Dive Otago or may have materially influenced our decision whether to employ you. 34. Emergency Closures Emergencies such as severe weather, fires, earthquakes, flu pandemic or power failures could disrupt Dive Otago operations. The decision to close the office will be made by a Director and employees will receive official notification. Version 7.0 27 of 52 Time off from scheduled work due to emergency closings will be unpaid. However, if Employees would like to be paid, they are permitted to use annual leave if it is available to them. 35. Employee Purchases and Discounts Dive Otago offers an Employee discount scheme to all full time Employees. If Employees wish to purchase goods under this scheme they must seek the approval of the Marketing and Sales Manager. Requests will be limited to goods bought for the staff member’s own use and not