Code of Conduct

Grievance Handling.

Introduction:

The following provides trainees with a framework and guide when having to deal with grievances. HTV has prepared these measures as a means to have problems experienced by a trainee addressed immediately, effectively, professionally and maintaining confidentiality.

HTV policies provide an avenue for grievances to be addressed. However, HTV is aware that in some cases alternative measures need to be explored because of individuals and the merits of each case. HTV policy is to acknowledge the need to address each case on its merits.

It is HTV’s policy to encourage the parties to approach a grievance with an open view and to attempt to resolve problems through discussion and conciliation.

Where a grievance cannot be resolved through discussion and conciliation, HTV acknowledge the need for an appropriate, external and independent agent to mediate between the parties.

All grievances are to be acknowledged in writing within 7 days of advice of the grievance.

All appellants will be provided with a written statement of the appeal outcomes and reasons for the outcomes.

A. Trainee/Apprentice appeal against assessment results

Should a Trainee be assessed as ‘Not Yet Competent’ in any performance criteria they are to be provided the opportunity to be reassessed. A time for reassessment is to be set.

In the event that a trainee is again assessed ‘Not Yet Competent’ and if a trainee believes that he/she has not received a fair and accurate assessment of the performance criteria then the following measures are to be followed in the sequence set out.

Trainee to discuss with HTV’s Trainer assigned to the trainee areas of concern with assessment given for:
1. Individual written work
2. Project work
3. Group and individual presentation work
4. Tests

Administration:

A record of Appeal Against Results form is to be submitted to the HTV trainer.

If after discussing the problem with the Trainer the trainee still believes that the matter requires investigation, then the next measure is:

To bring the matter before the CEO of HTV for further discussion and coordination.

If the matter cannot be resolved by HTV’s CEO then the next measure is:

To discuss the matter with the trainee’s employer and immediate supervisor. If deemed appropriate the parties will review the initial assessment and identify an alternative assessment method against the learning outcomes.
When the appeal has been resolved, a written statement advising the appellant of the outcome and reasons for the outcome will be given to the appellant.

If at this stage the parties cannot come to an agreement, HTV will request that the trainee formally appeals to the state training body to receive a completely independent review.

Grievances between the trainee, employer/supervisor & work colleague

In matters of dispute involving the trainee’s grievances with work colleagues, HTV will not become involved or intervene unless the matter has a direct bearing on the trainee’s competencies.

In circumstances, which do not effect the trainee’s competencies, HTV will initially bring the matter to the attention of the trainee’s employer and request that the matter be dealt through the internal policies and procedures of the employer’s establishment.

In matters of dispute between the trainee and the employer, HTV will only intervene if there is a direct impact on the trainee’s competencies. If a trainee has a grievance with his/her employer the matter is to be handled by applying the following measures:

The trainee should in the first instance attempt to resolve the grievance by discussing the matter with his/her employer. If an appropriate outcome is not achieved the trainee should:
Bring the matter to the attention of the HTV’s Trainer.
HTV’s Trainer will contact the employer within 5 working days to discuss the matter with a view to achieve a resolution.
If an appropriate outcome is not achieved then HTV’s Trainer will refer the matter to the CEO.
After further discussion if the matter is not resolved then the parties will explore alternative measures which could include termination of the trainee’s employment. If a termination occurs, HTV will inform the State Training Body and, if appropriate, the Tourism and Hospitality Industry Training Board. Where possible and if appropriate, HTV will attempt to find alternative placements for both parties.

When the grievance has been resolved or an action has been established, a written statement advising the outcome and the reasons for the outcome will be forwarded to the trainee.

Grievance associated between the Trainee and HTV’s Trainer and any other training personnel coordinated by HTV

If the grievance involves HTV’s Trainer and attempts to resolve the matter have been exhausted then both the trainee and Trainer are:

To refer the matter to HTV’s CEO by recording the grievance on a Grievance Incident Report Form.
If the parties are unable to resolve the issues then the matter can be taken to HTV’s Board of Directors for resolution.

If the grievance is between training personnel coordinated by HTV and the trainee then the matter is to be addressed as follows:

The trainee is to refer the grievance to the HTV Trainer for resolution and a Grievance Incident Report form is to be completed.
If the matter cannot be resolved, HTV’s CEO may intervene.

In all instances where an external training personnel is involved in a grievance the matter must be reported to HTV’s Training Coordinator

When the matter is resolved, a written statement will be given to the appellant outlining the outcomes and reasons for the outcomes of the complaint.

Grievance amongst trainees while participating in in-Centre Training

HTV’s policy is to provide and maintain a conducive learning environment for all trainees. HTV will not allow the learning environment to be jeopardised by certain actions and behaviours of individuals/groups. HTV has developed specific policies and procedures for trainees to adhere to during workplace based Training.