Employees
Who is considered an employee?
The Public Interest Disclosure (Whistleblower Protection) Act applies to employees of public bodies, which are government departments, government bodies and offices. Government bodies include:
- Agencies under The Financial Administration Act such as a board or commission
- Regional health authorities and child and family services authorities
- Any other body designated by regulation
Role
If an employee reasonably believes that a wrongdoing has been committed or is about to be committed within their organization, they may disclose the alleged wrongdoing to their supervisor, designated officer or the Manitoba Ombudsman.
Reportable types of wrongdoing include the following:
- an act or omission constituting an offence under an Act of the Legislature or the Parliament of Canada, or a regulation made under an Act
- an act or omission that creates a substantial and specific danger to the life, health or safety of persons, or to the environment, other than a danger that is inherent in the performance of the duties or functions of an employee
- gross mismanagement, including of public funds or a public asset
- knowingly directing or counselling a person to commit a wrongdoing, as described above
An employee who is considering making a disclosure may request advice from their designated officer or the Manitoba Ombudsman. Employees are protected from reprisal under PIDA when seeking advice. The designated officer or the Manitoba Ombudsman may require that the request for advice be in writing.
Responsibilities
Employees have a responsibility to report wrongdoing in good faith, to cooperate during an investigation, and to provide any information the designated officer or the Manitoba Ombudsman may require. The disclosing employee has a responsibility to protect information related to the disclosure, including the identity of persons involved in the disclosure process.
When making a disclosure, employees are responsible for providing the following information, if known:
- a description of the wrongdoing
- the names of the person or persons alleged to have committed or about to commit a wrongdoing
- the date of the wrongdoing
- if the matter has already been raised and the response received
Protection from Reprisal
PIDA protects employees from reprisal who have, in good faith:
- requested advice about making a disclosure from a supervisor, the designated officer, or Manitoba Ombudsman
- made a disclosure under PIDA
- cooperated in an investigation under PIDA
Any employee or former employee who believes they have been reprised against for taking any of the above actions must make a written complaint of reprisal directly to the Manitoba Ombudsman.
Key Resources for Employees
Every chief executive of public body under PIDA must establish procedures to manage disclosures by employees of their respective department, government body or office. If your organization is designated as a public body under PIDA, please ask your employer for their procedures, or for reference, please view the detailed procedures for Manitoba government employees.
If you are a Manitoba government employee and want to report an alleged wrongdoing, please visit the Disclosure of Wrongdoing Form (pdf)
To view a list of current designated officers within the Manitoba government, please check the List of Designated Officers (pdf) |
The
Public Interest Disclosure (Whistleblower Protection) Act
Regulations (pdf)
PIDA Procedures (pdf)
Disclosure of Wrongdoing Form (pdf)
Disclosure of Wrongdoing Form - Fillable (pdf)
List of Designated Officers (pdf)
Disclosure Statistics (pdf)
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