It is the responsibility of EmployNZ to provide a learning environment for students, which is physically safe, free from harassment of any kind and conducive to the achievement of good learning outcomes. However, there are many factors outside the control of EmployNZ that can adversely affect the well-being of students.
If you are a student, and your concerns are related to your programme or experiences at EmployNZ, it’s very important that you give us the opportunity to respond to your concerns. All parties must make a genuine effort to resolve their concerns by following the EmployNZ complaint process, before making a formal complaint to an external organisation such as NZQA.
It should be noted that it is OK for a parent, guardian, advocate, or student representative to raise and initiate the complaints process on behalf of a student(s). Also, if complainants are uneasy about discussing a complaint with someone whom they see as an authoritative figure, they will be given reassurances about the integrity of the process and offered the opportunity to bring a support person. Options for alternative facilitators may also be given as appropriate.
Complaints may be addressed informally in the first instance (for example, discussing an issue with your tutor or Programme Manager), or by following our formal complaints procedure if that is not successful.
EmployNZ has processes for receiving and responding to student complaints, and for appealing academic results. These are stipulated over the following pages of this Handbook.
Principles
The following principles are important in dealing with complaints:
- EmployNZ Staff and Students are given full information about the process through induction and orientation procedures
- EmployNZ Staff and Students can raise issues of concern in an environment free from fear of retribution or breach of confidentiality. (There will be times when the only way to deal with a complaint involves identifying the complainant to the respondent). Where this is deemed to be the case, the facilitator will secure the agreement of the complainant beforehand.
- Attempts to solve problems will be focused at the level closest to the problem itself and should only be referred to a higher level if this fails.
- The respondent has as much right to fair and just treatment as the complainant (innocent until proven guilty).
- Solutions will focus on conflict resolution or solving the problem rather than taking punitive action (although punitive action may sometimes be necessary).
- Possible outcomes may include: doing nothing, mediation, referral to counselling, taking disciplinary action, revising policies, referral to the police, providing compensation, etc.
Note: If an investigation decides that a complaint was made maliciously, and it is found that the event did not happen, a misconduct investigation could be held in relation to the person who made the complaint.
Timeframes
EmployNZ is committed to resolving any concerns as soon as we can. We will look into your complaint as soon as it is received to see how we can address matters raised and to find out how we can resolve the matters with you.
Your compliant will be acknowledged using the way you got in touch with us or via the contact details you have provided. If we need to work with others or commence an investigation to resolve your complaint this may take time.
We will give you regular updates until the matter is resolved.
Student Feedback
Examples of student feedback might include but are not limited to the following:
- Minor classroom irritations (other students break concentration by always talking in class, tutor fails to keep order)
- Concerns arising from miscommunication or misunderstanding
- Minor disagreements over academic matters (tutor did not accept my late assignment, when I felt I had a good excuse)
- Resource difficulties (e.g. internet connection keeps crashing)
Student feedback will normally be able to be dealt with at the lowest operational level relevant to the situation and result in a satisfactory outcome, or at least one which is acknowledged to be fair.
The complainant will be directed to the person (facilitator) best situated to address their situation and to facilitate a speedy resolution. The facilitator will ensure that the complainant understands and is comfortable with the process. The following points may be covered or considered when reaching a resolution:
- parties will be asked to express their concerns;
- the problem is restated so that confirmation is sought and that all parties understanding is correct. The complainant will be encouraged to focus on the subject of the complaint rather than the respondent (unless the subject is the behaviour of the respondent).
- the complainant will be asked what they would regard as a satisfactory resolution. If the complainant is unsure the facilitator will suggest an achievable and satisfactory outcome. If the complainant’s expectations are unreasonable, naïve, or based on a misunderstanding of EmployNZ policy, the facilitator will help them to understand this.
- a resolution or plan in terms of reaching a resolution will be agreed upon. Acknowledgement that a resolution has been reached is deemed as the complainant verbally expressing satisfaction with the outcome, or accepting the decision reached by the facilitator.
- the implementation of the agreed plan will be facilitated and monitored for effectiveness of the resolution.
If the complainant wishes to pursue the complaint because they consider the outcome as being unsatisfactory, the facilitator will explain that the next step to take is to lodge a formal complaint as per EmployNZ Formal Complaints process (below).
Formal Complaints
Examples of formal complaints might include (but are not limited to) the following:
- Bullying, harassment or discrimination by staff or other students
- inappropriate treatment by staff or other students
- unfairness in a formal assessment situation
- unfairness of EmployNZ policies
- unsafe learning situation
Formal complaints must be made in writing and submitted to your Programme Manager or to the Education Division Manager (if the complaint is in regards to the Programme Manager).
When formal complaints are received they will be entered into a complaints register and progress towards a resolution will be tracked.
Upon receiving the complaint, a staff member acting as a facilitator will conduct an investigation. An investigation may necessitate a meeting (face to face or by phone) with the complainant and/or other affected parties or witnesses to clarify the problem and as necessary to corroborate or gather evidence.
Subsequent to a thorough and fair investigation the complainant and respondent will receive an outcome statement document outlining the resolution. If the complainant is satisfied with the outcome / acceptance of the decision reached by the facilitator, the complainant signs this document.
Where a resolution is not agreed to or accepted by the complainant (or the respondent) the facilitator will explain that they are closing the file, but if dissatisfied they have the right to appeal.
Appeals
The EmployNZ appeal committee is comprised of a EmployNZ Senior Manager and staff members as deemed appropriate and who have not been a party to the original facilitation/decision-making process. Where an appeal is expected the notes taken during the facilitation will be retained until the appeal process has run its course.
The appeals committee has the authority to investigate the process and the outcome and if they consider the complainant has been treated unfairly or inappropriately, to overturn or modify the decision.
The complainant and respondent will receive an outcome statement document outlining the appeals committee decision. If the complainant is satisfied with the outcome / acceptance of the decision reached by the appeals committee, the complainant signs this document.
If you are not satisfied by the outcome of our complaints process, you may be able to raise your concerns externally. The New Zealand Qualifications Authority’s website provides useful information about the avenues available to you.
You may also be able to take your complaint to Study Complaints – a dispute resolution provider specialising in supporting domestic tertiary and international students in resolving disputes with their provider. This is a free service for students.
When Study Complaints receives a complaint, it checks whether the concerns are within their jurisdiction and whether there are sufficient grounds to investigate.
They might not be able to accept a complaint if:
- the issue is from too long ago
- it relates to matters that fall outside of NZQA’s jurisdiction
- it is already being investigated by another agency
- it is clear that the organisation has fully and appropriately dealt with the issue
- there is not enough evidence.
If Study Complaints accepts the formal complaint, the PTE gets the opportunity to respond to the complainant’s concerns.
If an investigation finds that a PTE has breached NZQA’s requirements, NZQA will work with the PTE to make sure it takes appropriate corrective actions.
Information on how to make a complaint can be found at https://www.studycomplaints.org.nz/make-complaint
Study Complaints