Purpose

The purpose of this policy is to provide a clear and fair process for resolving disputes that may arise between Skills Insight and stakeholders.

The Stakeholder Dispute Resolution Policy is designed to:

  • Outline principles for effective dispute resolution
  • Outline methods and processes for resolving disputes

Policy Statement

This policy ensures an effective process is in place to manage and resolve stakeholder disputes should they arise.

This policy is to be read separately from the Complaints Management Process, which is to address minor complaints from stakeholders or members of the public. Should complaints received through the Complaints Management process be unresolved, they will escalate to a dispute resolution process, as detailed in this policy.

Skills Insight staff understand that by implementing steps contained within the Collaboration and Consensus Policy, most disputes can be prevented.

Relationship to Other Policies

This policy should be read in conjunction with the following codes, policies, and guidelines:

  • Collaboration and Consensus Policy
  • Training Package Dispute Resolution Policy
  • Complaints Management Policy
  • The Jobs and Skills Councils Code of Conduct and Program Guidelines
  • Bullying and Harassment Policy
  • The Training Package Operating Framework
  • Skills Insight Governance guidance including Board performance; Financial delegation; Conflict of Interest; and Gifts Policies
  • Technical Committee Terms of Reference
  • Code of Conduct and Practice
  • Privacy Policy

Principles

In managing stakeholder disputes, Skills Insight will adhere to the following principles:

Fairness 

  • All parties involved in a dispute will be treated fairly and with respect
  • All viewpoints will be considered with empathy and courtesy
  • Skills Insight will remain committed to resolving the issue
  • Information will be handled sensitively and carefully

Confidentiality

  • All information related to a dispute will be kept confidential, except where disclosure is required by the Department of Employment and Workplace Relations (DEWR) or by law

Timeliness: 

  • Skills Insight will resolve disputes early, using resources efficiently to limit the scope of the dispute
  • Skills Insight will be responsive throughout the dispute resolution process

Transparency: 

  • The process for resolving disputes will be transparent and communicated clearly to all parties involved
  • Skills Insight will keep accurate records in relation to the dispute, some of which may need to be provided to the Department of Employment and Workplace Relations (DEWR) or others
  • Disputes will not be made public unless requested by the stakeholder
  • Skills Insight understands that transparency throughout the dispute resolution process builds stakeholder confidence and understanding in the work of our JSC

Stakeholder Dispute Resolution Process

Even with the implementation of our Collaboration and Consensus Policy, it is recognised that disputes may arise.

To address this situation, Skills Insight may engage an Alternative Dispute Resolution (ADR) practitioner to assist in the resolution of the dispute.

Criteria for initiating ADR process

The following criteria should be used to decide whether to engage an ADR practitioner:

  1. Skills Insight makes a judgement that external support is needed to mediate the dispute
  2. One or more stakeholders are dissatisfied with a decision or practice of Skills Insight and agreement cannot be reached through collaboration or consensus methods

Step 1 – Develop A Dispute Brief

To ensure a successful dispute resolution process, Skills Insight should prepare a brief for an external ADR practitioner, including:

  • the reason why ADR is required
  • the issue or issues in dispute
  • the timeframe for the ADR process (up to a maximum of 2 months)
  • any considerations of relevance to an ADR practitioner
  • contact details of the key stakeholders that may be able to contribute further information
  • relevant documents (including the outcomes of previous consultations in relation to the issues in contention)
  • format Skills Insight will expect outcomes to be captured in (e.g. recommendations, reasoning)
  • timeframe (2 months maximum)
  • the budget for the ADR process.

Step 2 – Select An ADR Practitioner

The ADR practitioner should:

  • be accredited in mediation and/or conciliation
  • be independent (not having an actual or perceived conflict of interest in relation to Skills Insight or the issue in dispute)
  • ensure all parties are heard, consider all submissions and viewpoints, and uphold natural justice
  • be familiar with the industry, but need not be an industry expert or representative

Step 3 – Public Notification

Skills Insight should make a public notification on its website that an ADR process has been

triggered. This public statement should include the following details:

  •  
  • that an ADR process has been triggered
  • the reason that an ADR process has been triggered
  • the party who triggered the ADR process (being either Skills Insight or stakeholders)
  • the issues in contention
  • an indicative timeframe for the ADR process

Step 4 – Consider Recommendation

  • Skills Insight will consider the ADR practitioner’s recommendations and use them to make an informed decision about how to settle the dispute
  • Recommendations are not determinative and will not be binding on Skills Insight or on the stakeholders spoken with as part of the ADR process

Step 5 – Report Outcomes & Settle Dispute

  • The outcomes of the ADR process should be provided to all stakeholders involved in the dispute resolution process
  • It is anticipated that that Skills Insight and the stakeholders involved in the dispute will discuss recommendations from the ADR process and settle on an outcome
  • All parties will sign a resolution agreement which identities future pathways for collaboration
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*Skills Insight is required to keep accurate records throughout the ADR process, some of which may need to be provided DEWR or others as evidence of the processes used.

Feedback and Amendments

Organisations change over time, and as a result, their policies must also adapt accordingly. If you identify any aspect of this policy that requires adjustment or updating, please reach out to the Executive who will follow a policy review process as endorsed by the CEO