Reference Number: 2021-2022-001
Organization: Public Services and Procurement Canada
File Identification Number: SIID-2021/22-024 (PSDPA)
File Identification Date: 2022-08-04
Findings and Conclusions: a serious breach of a code of conduct established under section 5 or 6
Case Description: Apparent and/or Real Conflict of Interest in Staffing and Human Resources Management Activities. A protected disclosure was received under the Public Servants Disclosure Protection Act, alleging wrongdoing relating to a conflict of interest situation regarding the hiring and supervision of an “associate” as defined under PSPC Code of Conduct. “Associates” are defined in the PSPC Code of Conduct as “non-relatives with whom an employee has a personal relationship resulting from circumstances or affinities beyond the normal day-to-day work and social interactions of colleagues and professional associates”. A “conflict of interest” refers to a situation, whether real, apparent or potential, in which an employee has private interests that could influence or appear to influence the performance of their official duties and responsibilities or in which the person employed uses their office for personal gain. PSPC employees may not assist or be involved directly or indirectly in any business decision affecting their relatives or their “associates.” In these situations, PSPC employees must immediately recuse themselves from the situation and seek direction from PSPC’s Centre of expertise for Values, Ethics and the Prevention of Harassment and Violence. The investigation found that an employee of PSPC: a) Met and developed a personal relationship with an individual; b) Recommended hiring this individual to their manager, who has delegations for staffing actions; c) Influenced and was directly and indirectly involved in the process leading to hiring this individual as a casual worker and, subsequently, as a term employee; d) Assigned work, approved training, approved leave and supervised this individual; e) Failed to declare, and concealed the conflict of interest. This employee and the individual who was hired both failed in their obligations to avoid, declare, and recuse themselves from the conflict of interest situation. Conclusions: The departmental investigation process found that the allegations of wrongdoing were founded, and to constitute serious breaches of the Values and Ethics Code for the Public Sector, the PSPC Code of Conduct and PSPC’s Guideline on conflict of interest arising from family and personal relationships. The employees explained that their actions were aimed at meeting PSPC’s operational requirements, that their choices and decisions were made in good faith, and that both were able to make a separation between their personal relationship and their business dealings. The importance of avoiding conflict of interest situation, including any potential or apparent conflict of interest, is a fundamental aspect of PSPC’s standard of conduct and the Values and Ethics Code for the Public Sector. PSPC recognizes that avoiding and preventing situations that could give rise to a conflict of interest, or the appearance of a conflict of interest, is one of the primary means by which a public servant demonstrates integrity and maintains public confidence in the fairness and impartiality of the federal public sector. Both employees failed in these fundamental requirements forming part of their terms and conditions of employment.
Recommendations and Corrective Measures: As a result of the employee's failures, the term employee was terminated while on probation while the other employee was subject to a period of suspension without pay.