Public Service Commission Policies

Justice and Dignity Policy

 

Purpose

To provide guidance and direction, in accordance with justice and dignity principles, in determining an employee's status during and following an investigation of an allegation of inappropriate behavior or wrongdoing by that employee.


Policy Statement

The Manitoba government recognizes its responsibility to build and maintain a diverse, respectful workplace where all employees enjoy an environment in which the dignity and self-respect of every person is valued and which is free of offensive remarks, material or inappropriate behaviour.

All employees share in this responsibility and are expected to exhibit honesty, integrity and high standards of personal conduct.

From time to time, situations may arise that require management to investigate allegations of inappropriate behaviour or wrongdoing by an employee.

The employer shall apply the principles of justice and dignity in the investigation and resolution of these situations.


Objectives

In alignment with the principles of justice and dignity, the policy objectives are as follows:

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

  • To make employees and supervisors aware of and understand the requirements and expectations around an investigation and resolution process.

  • To provide supervisors with the knowledge, tools and supports to address the investigation and resolution 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).

If there is an allegation of a criminal offence having been committed by the employee, the employer will follow the Criminal Charges Policy. Where any conflict arises between this policy and the Criminal Charges Policy, this policy shall prevail.


Responsibilities

Employee

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

  • Works cooperatively with the employer to implement position modifications or redeployment, as required.

Supervisor

  • Conducts investigation of allegations of inappropriate behavior or wrongdoing by an employee, whether by internal or external agencies, in a timely manner.

  • Informs the employee of the status of the investigation on a regular basis or at the request of the employee.

  • Will expeditiously conduct a preliminary assessment of the situation including a determination of whether a criminal offence is alleged to have taken place.

  • In situations not involving an allegation of a criminal offence, continues the preliminary assessment by reviewing the impact on the organization and the individual of the alleged behaviour.

  • Provides preliminary assessment findings to the Deputy Minister or designate of the applicable department for review, and action.

  • If it is determined there is no impact on the workplace, the employee is returned to current duties.

  • If it is determined there is an impact on the workplace, consults with Human Resources and determines if the employee is unable or unsuitable to perform the current duties.

  • Considers whether modifications can be made to the position to ensure there is no impact and allow the employee to work while a formal investigation is undertaken.

  • If modification to the position is not possible, implements an interim redeployment to other work that is available and suitable for the employee in the department or in another department, for which compensation during such an interim redeployment shall be at the employee's current rate of pay.

  • Considers a leave of absence in situations where alternative work assignments have been thoroughly explored and determined to be unviable. There must be compelling and exceptional reasons to warrant placing an employee on a leave of absence of any kind or duration. A leave of absence in such circumstances shall normally be with pay.

  • Conducts a formal investigation to determine the nature and extent of the alleged inappropriate behavior or wrongdoing.

  • Reviews an employee's status on a regular basis during both the informal and formal investigation phases to determine whether circumstances have changed to warrant an alteration in the employee's employment or leave status. 

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 preliminary assessment 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

  • Advise managers and employees on the interpretation and application of this policy.

  • Support 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.

Dignity: encompasses self-respect and having an appreciation of the formality or gravity of an occasion or situation.

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

Justice: relates to the moral principle determining just conduct by way of fairness, integrity and honesty.

Preliminary Assessment: is an investigation into an allegation of inappropriate behavior or wrongdoing by an employee, the purpose of which is for the employer to ascertain the fundamental nature and extent of the matter. This assessment will include a determination as to whether a criminal offence is being alleged to have taken place. If not involving an allegation of a criminal offence the employer shall continue the preliminary assessment, including reviewing the factors affecting the organization and the individual of the alleged behavior, to determine the employee's status.

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.


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
Criminal Charges Policy


Resources and Tools

The following factors, reflecting the impact on the organization and the individual, should be reviewed in determining the employee's status during the preliminary assessment. Some or all of these factors may apply to the situation:

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?

Competence 

Can the employee continue in the current work assignment?

Employer's Business Interests 

Does the conduct present potential or real harm to the service provided by the employer?

Type of Work 

Is the conduct directly related to the employee's current duties? Does the employee hold a position of trust?

Government Values 

Does the conduct violate a value or principle held by the government?

Reputation and Public Confidence 

Does the conduct potentially affect the department's reputation with the general public and with clients?

Employee's Role in the Organization

An employee in a professional and/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
Letter of Intent – Justice and Dignity Policy – Attachment to the Manitoba Government Employees' Master Agreement between the Province of Manitoba and The Manitoba Government and General Employees' Union (pages 523-525 of 527)

 

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

 

Version Effective date:  July 15, 2022
Original Policy issued:  April 1, 2012

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