Public Service Commission Policies

Criminal Charges


Purpose

To provide guidance and direction on the handling of situations in which an employee is alleged to have committed a criminal offence.


Policy Statement

Employees are expected to exhibit honesty, integrity and high standards of personal conduct. The Manitoba government will not tolerate employee criminal behaviour that negatively impacts the government's interests, property, security, reputation, employee safety or the confidence of the public. This applies to both on-duty and off-duty conduct for offences under the Criminal Code of Canada, drug related offences under any federal statute and/or offences under any other act.

Employees must immediately notify the supervisor if they are under investigation by police or being charged with a criminal offence due to:

  • On-Duty conduct leading to investigation or charges under any act or

  • Off-Duty conduct leading to investigation or charges under the Criminal Code of Canada or a drug related offence under any federal statute.

For Off-Duty conduct leading to investigation or charges under any other act, the employee assesses the impact on the workplace and notifies the supervisor if there is an impact or potential impact. If uncertain, the employee consults the supervisor.

Any allegation of criminal behaviour related to on-duty or off-duty conduct is a serious matter. An employee under investigation or charged with a criminal offence is generally placed on leave of absence without pay pending the outcome of the employer's investigation. This leave is non-disciplinary in nature and the supervisor can allow the employee to use vacation or banked time for part or all of the leave.

Any other leave arrangement must be reviewed with Human Resources and Workforce Relations Division. When all the facts are known, the supervisor assesses the impact on the workplace and makes decisions about corrective discipline and the employee's employment status. Placing an employee on a leave of absence does not assume the employee is guilty. A leave of absence without pay does not change the presumption of innocence in the same way that detaining a person in custody pending trial does not reflect on the person's guilt or innocence.


Objectives

In alignment with the principles of justice and dignity, as referenced in the Justice and Dignity Policy, the policy objectives are as follows:

  • To make employees and supervisors aware of and understand the requirements and expectations in situations where an employee is alleged to have committed a criminal offence.

  • To ensure the rights, responsibilities and obligations of all parties are respected in the investigation and follow-up process.

  • To provide supervisors with the knowledge, tools and supports to address the investigation and follow-up process.

 

Principles

In accordance with The Public Service Act and the Manitoba Government Code of Conduct, employees must conduct themselves in a manner that upholds public trust and is consistent with the values for an ethical public service.


Application

This policy applies to employees of the core public service, employees for the officers of the Legislature (Section 58(1) The Public Service Act) and political staff (Section 6.5(1) Public Service Regulation).


Responsibilities

Employee

  • Notifies the supervisor that they are under investigation by police or that they have been charged with a criminal offence.

  • Fully cooperates with the employer in the course of any investigation.

Supervisor

In situations where an employee allegedly commits a criminal offence while on-duty:

  • Immediately places the employee on a leave of absence without pay.

  • Conducts an investigation to determine the facts.

  • Consults with Workforce Relations Division and, if necessary, Legal Services Branch to determine if the incident(s) should be reported to the police.

  • Assesses the impact of the alleged criminal offence on the workplace.

  • Consults with Human Resources or Workforce Relations Division and applies appropriate corrective discipline.

In situations when an employee is under police investigation or is charged with a criminal offence for off-duty conduct:

  • Conducts an initial interview with the employee to determine the facts.

  • Places the employee on a leave of absence without pay if a more thorough investigation is required to determine the facts.

  • Assesses the impact of the alleged off-duty conduct on the workplace.

  • Takes one of the following actions:

    • If there is no impact, the supervisor returns the employee to current duties in the workplace as soon as possible.

    • If there is an impact, the supervisor consults with Human Resources regarding alternative work assignments, alterations/modifications to the position or other options, if appropriate.  Any re-assignment to another position must be at an equal or lower classification level for the duration of the assignment.

  • The supervisor conducts follow ups with the employee on a regular basis concerning the status of the investigation or the criminal charges.

In situations where the police investigation is finished and any criminal charges for off-duty conduct are dealt with by the courts.

  • Consults with Human Resources and Workforce Relations Division to assess the employee's status and review employment options.

  • Considers employment options based on a number of factors including the court disposition and any continued impact on the workplace.

  • Takes corrective discipline action, if required, and returns the employee to the workplace if appropriate.

Deputy Minister or designate

  • Responsible for the department's workforce management including overseeing the attendance, conduct and performance of the department's employees (S. 27(1) Public Service Act).

  • Reviews investigation findings.

  • Consults with Human Resources in cases where the employee is unable or unsuitable to perform the current duties.

  • After reviewing with Workforce Relations Division, considers a leave of absence in situations where alternative work assignments have been thoroughly explored and determined to be unviable.

Human Resources

  • Advises supervisors and employees on the interpretation and application of this policy.

  • Supports the resolution of issues as required.

  • Consults with Workforce Relations Division as required.

Workforce Relations Division

  • Provides advice and guidance, when a department is considering placing an employee on a leave of absence, to ensure appropriateness and consistency of application.

  • Advises regarding the interpretation, application and administration of this policy.

 

Definitions

Department: means a department as defined in The Executive Government Organization Act.

Deputy Minister: means the deputy minister of a department appointed under subsection 33(2) of The Public Service Act.

Employee: as defined in The Public Service Act, means an individual employed in the public service and, unless otherwise indicated, includes a supervisor or executive.

Supervisor: means an employee, including managers or executives, responsible for supervising one or more employees.


Compliance/Non-compliance

Any breach of this policy may result in discipline, up to and including dismissal.

An employee who fails to disclose information, in violation of this policy, is subject to disciplinary action.

The level of discipline for an on-duty criminal offence is determined after an investigation to determine the facts, an assessment of the impact of the offence on the workplace and consultation with Human Resources and/or Workforce Relations Division. Dismissal may result if the conduct is work-related including breaches of the Oath or Affirmation of Office Regulation or Manitoba Government Code of Conduct.

The decision to discipline or dismiss an employee is separate from and made independently of the criminal justice process. A supervisor does not wait for charges to be laid or for a court disposition before applying corrective discipline for on-duty conduct.

A decision to report matters to the police is also made independently of decisions about corrective discipline and should be made in consultation with Human Resources, Workforce Relations Division and Legal Services Branch.


Review Process

Deputy Ministers are responsible for adhering to this policy within their organizations and for ensuring that any violations of the policy are addressed.
The Public Service Commission may review and investigate breaches of the Public Service Act, the code of conduct or a workforce management policy.


Related Policies

Respectful Workplace Policy
Manitoba Government Code of Conduct
Justice and Dignity Policy


Resources and Tools

The supervisor assesses the impact of the employee's conduct on the workplace by considering the following factors:

Risk

Does the employee's presence in the workplace create concerns regarding the safety of employees or the security of government's property? Are employees reluctant to work with the employee? Example: An employee allegedly assaults a co-worker at an event while off-duty.

Competence

Can the employee continue in the current work assignment? Example: Bail conditions prohibit a child care worker from having contact with children.

Employer's Business Interests

Does the conduct present potential or real harm to the service provided by the employer? Example: A systems analyst is charged with fraud related to the inappropriate use of the information system of a previous employer.

Type of Work

Is the conduct directly related to the employee's current duties? Does the employee hold a position of trust? Example: An employee whose duties involve handling cash is charged with theft.

Department Values

Does the conduct violate a value or principle held by the department? Example: An employee of Manitoba Justice is charged with impaired driving and the department has a zero-tolerance policy on drinking and driving.

Reputation and public confidence

Does the conduct potentially affect the department's reputation with the general public and with clients? Example: A social worker in Manitoba Families is charged with child abuse. Example: An employee of Manitoba Justice is charged with any criminal offence.

Employee's Role in the Organization

An employee in a professional or management position must demonstrate a higher standard of conduct than other employees.

 

Authority

This policy should be read in the context of the following and any other applicable legislation:
The Public Service Act
Public Service Regulation
Oath or Affirmation of Office Regulation


Policy Review and Revision Schedule

A review will be conducted on the administration and operation of this policy, including any related procedural documents and forms, in accordance with a policy review schedule established by the Public Service Commission.


Policy Inquiries

For further information or questions about this policy, please contact:
Public Service Commission
Phone: 204-945-2332
Toll Free: 1-800-282-8069 (ext. 2332)
TDD/TTY: 204-945-1437
Email: psc@gov.mb.ca

 

Policy Effective: July 15, 2022
Original Policy Issued: March 11, 1998

Reference to Corrective Discipline Policy Removed – January 5, 2015

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