Manitoba Government Code of Conduct
Part B: The Code in Practice
Violations of the Code
The following process is intended to deal with routine operational or human resource issues.
If the allegation is related to a significant or serious wrongdoing, disclosures may be made through the process outlined under The Public Interest Disclosure (Whistleblower Protection) Act (PIDA). To learn more, please visit the Public Service Commission website or the Manitoba Ombudsman website.
Where there is a health and safety risk to others, the employee should first immediately contact the appropriate authorities (i.e. local police).
The Code complements existing legislation, policies and guidelines, some of which may contain other options for making disclosures that should be considered (e.g. Respectful Workplace Policy: Addressing and Preventing Sexual Harassment, Harassment and Bullying).
Where the employee is unclear of the process to follow, they should seek guidance from their supervisor or human resources.
Process
Reported violations of the Code should be made in good faith. Employees who reasonably believe they have information that could show a violation has been or is about to be committed should report the allegation as soon as possible, either verbally or in writing to the employee's immediate supervisor, to another level of management, or to human resources.
The details of the allegation must be documented and kept confidential by the person to whom the issue is reported, or by those that will be involved in addressing and/or investigating the matter, such as staff of the Public Service Commission. The Complaint Form under Appendix A may be used to document the details of the allegation by either the person reporting the alleged violation or by the person to whom the issue is reported. Note: All allegations involving sexual harassment must be documented on the complaint form and reported to human resources.
The person to whom the issue is reported will assess and endeavour to resolve the matter in an expeditious manner. This may involve referring to policy that the allegation is related to for next steps on addressing the situation (e.g. Conflict of Interest Policy or Respectful Workplace Policy: Addressing and Preventing Sexual Harassment, Harassment and Bullying), or consulting with staff of the Public Service Commission for advice on how to assess and address the allegation.
Where allegations of criminal behaviour have been made, the employee and/or the employer may also report the issue to the appropriate authorities (i.e. local police).
Where a formal investigation is required, it will normally be led by staff of the Public Service Commission, but may also be led by a member of management, where appropriate.
A formal investigation process will normally entail meeting with the person(s) who made the allegation, with the person(s) the allegation is against, with any witnesses (if applicable), and reviewing any supporting evidence (if applicable).
Employees are required to participate and cooperate in resolving allegations that have been brought forward.
Anonymous Complaints
Employees may submit anonymous complaints, but there can be limitations to investigating and resolving anonymous complaints, which include:
- Follow-up that is often required to verify facts may not be conducted with the complainant and this can impact the ability to investigate.
- Insufficient evidence and/or corroborating support (i.e. witnesses) may impact the ability to investigate.
- Anonymity of the complainant cannot be guaranteed, as details uncovered during an investigation could lead to speculation or knowledge of the identity of the disclosing individual.
- The complainant may not be made aware of the outcome.
Anonymous disclosures can be made on the Complaint Form under Appendix A. Where anonymous complaints are made, the complaint will be assessed to determine if the allegations constitute a breach of the Code. If so, the person who receives the complaint will endeavour to resolve the matter to the best of their ability, based on the information received, following the same processes outlined in the Violations of the Code section.
Confidentiality
The details of any reported issue are to be kept confidential by all parties involved. However, the Code is not intended to discourage or prevent employees from exercising any legal rights, including under applicable collective agreements or legislation. Where appropriate and applicable, employees may discuss reported issues with their respective union and with confidential support systems such as with counsellors of the Employee and Family Assistance Program.
The employer will not disclose the name of a complainant, alleged respondent or the circumstances related to a reported issue to any person, except where the complaint is necessary to investigate, take corrective action, or is required by law.
The person making the complaint and the person who was involved in the alleged violation of the Code will be informed if the allegation was substantiated or not. This information may also be shared with witnesses that were a part of the investigation process.
Consequences
If a person is found to have engaged in activities contrary to the Code, the employer will take corrective action, which may include disciplinary measures up to and including termination of employment.
Frivolous Complaints
Corrective action may also be taken against those who were found to have made a complaint for frivolous or vindictive reasons. This does not apply to complaints made in good faith, but are not substantiated.
Reprisal
Reprisal is not permitted against an employee exercising their rights in good faith under the Code. Any act of reprisal will be cause for disciplinary action up to and including termination of employment. Reprisal can include, but is not limited to, an actual or threatened harmful act, penalizing someone for making a complaint (e.g. a supervisor purposely excluding an employee, giving stricter deadlines or an unmanageable workload after a complaint is made) and/or withholding a benefit for making a complaint (e.g. future negative implications to careers such as loss of job opportunities).
Original Issued: July 25, 2019
Revised: February 26 and September 27, 2022
Version effective: May 3, 2024
