Values and Ethics: A collection of case studies - Support document for Managers

We would like to extend our thanks to the Quebec region for their contribution of these cases studies that were updated for the purposes of this support kit.

 

  • A. Conflict of Interest

    A. Conflict of Interest

    Case A.1 – Lunch is on the house!

    Scenario

    You are a team leader in the Québec Region. While checking an expense account of one of the program officers, you notice that he took a trip of more than 100 kilometres from the office to follow up on a Skills Link project. He did not claim a meal, but he was entitled to do so because the project was more than 100 kilometres from the office. The program officer spent a good part of the day on the road.

    So you go to see the employee and you ask him why he didn't claim his lunch.

    Without a moment's hesitation, the program officer tells you that the sponsor paid for his lunch. Because they had a lot to discuss, the program officer and the sponsor agreed to continue their meeting over a meal and a glass of wine, and the sponsor insisted on paying for the lunch at the restaurant. The program officer says that he accepted out of courtesy and that the sponsor would have been offended otherwise.

    What do you do?

    Solution

    Solution

    It would be a good idea to tell the employee that he acted properly in not claiming his lunch (possible fraud if he had claimed it). However, all public servants are required to report situations that might involve a conflict of interest, whether the conflict of interest is real, potential or apparent. In this case, the employee accepted that the sponsor pay for his lunch out of a sense of courtesy, out of a desire not to offend the sponsor. Still, the employee should have reported the situation to his supervisor immediately after it occurred.

    Pursuant to the ESDC Code of Conduct, under the section on Gifts, Hospitality and Other Benefits, public servants are not accept any gifts, hospitality or other benefits that may have a real, apparent or potential influence on their objectivity in carrying our their official duties and responsibilities or that may place them under obligation to the donor.

    Managers are aked to encourage employees to file a confidential report, and encourage them to read the ESDC Code of Conduct.The manager may also wish to contact the sponsor to explain that Policy on Conflcit of Interest and Post Employment.or a director could meet with the sponsor to explain that his way of doing business is not allowed by the Department.

    Case A.2 – I have the right!

    Scenario

    Certain political activities can put you in a conflict of interest situation. Political activity includes:

    • carrying on any activity in support of, within or in opposition to a political party;
    • any activity in support of or in opposition to a candidate before or during an election period;
    • seeking nomination as or being a candidate in an election before or during the election period.

    Here are some examples of political activities:

    • speaking at a political meeting;
    • fundraising for a political party;
    • working for a political candidate;
    • seeking nomination as or being a candidate in an election;
    • wearing a campaign button;
    • using blogs, social networking sites, personal Web sites or video sharing to express personal views in support of, or in opposition to, a political party or candidate.
    Solution

    Solution

    Public service employees have the right to engage in political activities while maintaining the principle of political impartiality in the public service. The Public Service Commission (PSC) is responsible for administering the political activities regime. An employee must first request and obtain permission from the PSC prior to seeking nomination as, or being, a candidate in a federal, provincial, territorial or municipal election.

    Employees are encouraged to seek guidance and advice from their manager or the ESDC Designated Political Activities Representative.

    Case A.3 – What do you mean I can't accept this gift?

    Scenario

    What should you do if you are offered the following gifts: money or cash equivalents:

    • trips, overnight accommodation;
    • expensive gifts (gifts that are not of minimal value as defined below);
    • tickets to sporting or entertainment events;
    • free or discounted admission to sporting or cultural events, travel or conferences;
    • any gift or favour received during a bidding process (this includes gifts of minimal value);
    • gift baskets.
    Solution

    Solution

    The gifts listed above are not acceptable and must be declined or returned with an explanation of why they are being declined (prohibited by the ESDC Code of Conduct).

    Acceptable gifts include those that:

    • are infrequent and of minimal value (low-cost promotional objects, simple meals, souvenirs with no cash value);
    • arise out of activities or events related to the official duties of the public servant concerned;
    • are within the normal standards of courtesy, hospitality or protocol; and
    • do not compromise or appear to compromise in any way the integrity of the public servant concerned or his or her organization.

    If, in your opinion, declining a gift would offend or embarrass the person offering it, you should accept it and then fill out a confidential report as soon as you return to the office. The gift could be accepted on behalf of the Government of Canada and displayed on government premises -- in the case of a portrait, for example -- for everyone to enjoy.

    If you are ever unsure about how to act, contact the Office of Values and Ethics and ask for advice.

    Case A.4 – But I like being involved!

    Scenario

    Maude is a program officer and at the same time is very involved socially in her community. She belongs to a community association that is applying to Service Canada for funding. She is wondering whether there is a conflict of interest and, if so, what kind?

    Solution

    Solution

    Under the ESDC Code of Conduct, public servants must be objective in their dealings with clients and they must perform their duties with integrity and impartiality. To adhere to these values, Maude has to ensure not only that her actions do not create a conflict between her personal and professional lives, but also that there is no appearance of a conflict.

    The Policy on Conflict of Interest and Post-Employment instructs public servants on what they must do in this kind of situation. Maude has to speak to her supervisor or manager and fill out a confidential report.

    Case A.5 – How can I turn this down!?

    Scenario

    The local Community Futures committee in St-Joachim-de-L'Avenir is offering $750 to Fabien, a labour market information researcher, to act as a speaker at a workshopconference on local economy development.

    Solution

    Solution

    This type of activity is part of the duties of some Service Canada employees. Fabien can accept the offer to give a talk as part of his work if he has management's authorization. He will be paid by Service Canada and he will not accept any other remuneration. Being paid by the local Community Futures committee would put Fabien in a position of conflict of interest

    Case A.6 – I need a side line!

    Scenario

    You are a manager and are planning the Canada Summer Jobs campaign for 2012. You have assigned three program officers to analyse the applications, and the analysis work has been divided up by riding. Everything is ready to go.

    That morning, one of the three program officers left a message on your voice box saying that he cannot analyse the Canada Summer Jobs application received from the agency "Aide aux jeunes" in the St-Touin RCM because he is a member of the agency's board of directors where he serves as the accountant. It is volunteer work. He receives no salary. Your program officer wants to make sure that the application is given a fair assessment, along with all the other applications.

    What do you do?

    Solution

    Solution

    This case involves the Outside Employment or Activities section of the Code and the confidential report that must be filled out by employees who find themselves in a situation that might give rise to a conflict of interest or in any way undermine their neutrality as public servants.

    In this case, the employee should file a confidential report about his volunteer activity on the board of directors. Supervisors/managers should also inform the employee that his work as a public servant is directly linked to an agency that uses the Department's programs.

    Clearly, another employee must analyse the application. If other organizations are aware that the program officer is on the board of directors, they might perceive the situation to be an apparent or potential conflict of interest.

  • B. Privacy/Access to Information

    B. Privacy/Access to Information

    Case B. 1 – Can you do me a favour?

    Scenario

    I had an urgent job to do today with a colleague, but I am sick and will not be able to go to the office. I call and suggest to my colleague that she use my password to retrieve the work in my computer. I have full confidence in her. In fact, I have her password for this type of situation.

    Solution

    Solution

    In doing this, I am giving my colleague access to confidential information, and thus failing to protect personal information and sensitive information.

    When an employee is away from the office or unavailable, and the information is otherwise inaccessible and is required immediately, they should contact their immediate supervisor who will contact the network administrator who will then retrieve specific business-related electronic documents and/or e-mail messages for the manager upon his/her written request.

    The employee will be copied on all relevant correspondence and notified which information was accessed.

    Case B.2 – Smile: you're on camera!

    Scenario

    Michel is a program officer. He knows the region well and is familiar with the problems faced by organizations that try to get funding from the Department. At an evening lecture, which he attends out of personal interest, he is approached by a representative of a not-for-profit agency, who asks for his support in obtaining government funding. The local media are present. How do you react?

    Solution

    Solution

    The information we obtain in the course of our work is protected under various laws. In making an oath of allegiance, employees agree to never discuss publicly, without authorization, any issues that have come to their attention in the course of their work. Only employees who have had media training are authorized to communicate with the media in certain situations.

    Public servants "must act at all times with integrity and in a manner that will bear the closest public scrutiny, an obligation that may not be fully satisfied by simply acting within the law".

    Case B.3 – Who said that?

    Scenario

    Pierre tells his colleague Claude that he can write any comments he wants in the "Comments" section of the electronic files when processing EI claims because it remains confidential and clients don't have access to the comments.

    Solution

    Solution

    The Privacy Act states that organizations must comply with a range of obligations when collecting, using, disclosing and safeguarding personal information.

    The Act also gives citizens, which includes employees, the right to request information under their control. A citizen may ask to obtain a complete copy of his or her file, which will include the transactions made in the file and the names of the people who made the transactions, the names of the people to whom the information was transmitted, and the reasons why the information was transmitted.

    Public servants "must act at all times with integrity and in a manner that will bear the closest public scrutiny, an obligation that may not be fully satisfied by simply acting within the law".

    Case B.4 – What training?

    Scenario

    Monique is preparing to give some EI training and, as examples, she is planning to use the files of three different clients who are no longer on benefits

    Solution

    Solution

    Pursuant to the Privacy Act, personal information that is collected should only be used or disclosed for the sole purpose for which it was collected, unless consent from the individual is obtained or pursuant to limited exceptions.

    Even for purposes of training, we cannot consult files or databases. It is recommended to develop fictious files and avoid using any official file that might identify an individual.

  • C. Preferential Treatment/Unauthorized Access

    C. Preferential Treatment/Unauthorized Access

    Case C.1 – I can help!

    Scenario

    My friend Linda is a Human Resources assistant. She tells me that a position is going to be staffed at Service Canada College (SCC) through external recruitment organized by the Public Service Commission (PSC). My boyfriend, who is looking for a job, has all the required qualifications. So I bring him a copy of the position requirements, help him adjust his resume, and fax his job application to the PSC. I have no intention of exercising any influence whatsoever on the decisions to be taken by the PSC officers or the selection committee at the SCC.

    Solution

    Solution

    This is an example of unfairness in the processing of applications for a staffing process involving the use of privileged information, preferential treatment and/or the appearance of preferential treatment. The question here is: "How far can I go to help my boyfriend without breaching the values set out in the Code of Conduct?"

    If the external recruitment has not yet been advertised (at the PSC), the information is privileged. Sharing it thus results in preferential treatment.

    >Case C.2 – Why, you shouldn't have!?

    Scenario

    Suzie is a Citizen Service Officer. She is conducting an interview with a kind woman from a senior citizens' group. Suzie is patient and courteous, and the client admits that she has not been served like that for a long time. After the interview, the woman leaves and comes back with a coffee for Suzie. What should Suzie do?

    Solution

    Solution

    This could be an example of preferential treatment. Before accepting, Suzie should ask herself how other clients would perceive the situation. Suzie should understand the client's intention and be clear about her obligations and limits. Suzie should maintain a certain reserve and keep a professional distance from the client.

    If Suzie is always patient and courteous with everyone, then she is not giving the woman preferential treatment, unless she spent a lot more time with her than with the others. The problem is rather the perception of the public when the women hands the coffee to Suzie. Even though giving someone a coffee is a small, symbolic gesture of hospitality, if there are a lot of people waiting in the waiting room and watching the scene, there will be an appearance of preferential treatment.

    Case C.3 – So, what's the status?

    Scenario

    Raymonde, an Employment Insurance Officer (EI Officer), is off sick for 4 weeks. Because she has used up her bank of sick leave credits, she makes an EI claim for sick benefits. Once back to work, she does a few transactions to speed up payment of her benefits: she processes her cards and checks the progress of her own benefit claim in the systems, as she would do for any other claimant.

    Solution

    Solution

    Employees are not allowed to consult the Department's databases for personal reasons or to do transactions in the databases (for example, do searches to identify people out of personal interest or check someone's financial or social situation).

    Employees are not allowed to consult or process their own EI or other file, whether or not they might benefit personally. This would be considered a breach of the Privacy Act and the ESDC Code of Conduct. Adhering to the ESDC Code of Conduct is a condition of employment. A breach or violation of the values or expected behaviours may result in administrative or disciplinary measures.

    Case C.4 – I got your number!

    Scenario

    John, an investigator, frequents the bars in Montreal in the evenings and on weekends. He meets some very interesting people. On Monday, back in the office, he tries to find his most recent conquests using the bits of information he obtained, such as the person's first name and place of residence. If the person has received EI in the past, he finds their contact information. At one time, he bragged to his colleagues about being able to track down the women he had met in bars

    Solution

    Solution

    Employees are not allowed to consult the Department's databases for personal reasons or to do transactions in the databases (for example, do searches to identify people out of personal interest or check someone's financial or social situation).

    This would be considered a breach of the Privacy Act and the ESDC Code of Conduct. Adhering to the ESDC Code of Conduct is a condition of employment. A breach or violation of the values or expected behaviours may result in administrative or disciplinary measures.

    Case C.5 – Hold on a second!

    Scenario

    Jean-Marc works at the Income Security call centre. He is told that the eligibility requirements for a special income security program have changed. He learns that the change will mean higher amounts if applications are received by the Department by March 31. The news will not be announced publicly for another two weeks.

    Jean-Marc's father has applied for the income security benefits, and Jean-Marc knows that his father will be eligible for the new special program. Jean-Marc quickly checks the status of his father's application and discovers that it has not yet been entered in the systems. Jean-Marc calls his father and gives him a few suggestions.

    Solution

    Solution

    Employees are not allowed to consult the Department's databases or to do transactions in the databases to give preferential treatment to friends or relatives.

    This would be considered a breach of the Privacy Act and the ESDC Code of Conduct. Adhering to the ESDC Code of Conduct is a condition of employment. A breach or violation of the values or expected behaviours may result in administrative or disciplinary measures.

    Furthermore, employees may not give preferential treatment to a client by providing that person with information that is not given to all clients. Finally, employees are not allowed to try to speed up the processing of a relative or friend's file.

  • D. Browsing/Unauthorized Access

    D. Browsing/Unauthorized Access

    Case D.3 – Can you look this up for me?

    Scenario

    Daniel, an officer working in Corporate Services at the Service Canada College, has often helped out his colleague Anne, a processing officer, since she came to the Department.

    Daniel wants to know if the file of his wife Dominique has been processed. Dominique has not been able to speak to anyone in the Department who can explain the whole situation. Daniel is a bit shy but he asks Anne to do a search in the systems to find out why Dominique's benefit file is taking so long.

    Solution

    Solution

    It is a conflict of interest to act on friends or relative's applications or files, and it is unacceptable for employees to conceal their inappropriate actions by asking a colleague to do a search in the Department's databases (browsing) so that they themselves won't be identified.

    This would be considered a breach of the Privacy Act and the ESDC Code of Conduct. Adhering to the HRSDC Code of Conduct is a condition of employment. A breach or violation of the values or expected behaviours may result in administrative or disciplinary measures.

    In addition, the employee in this scenario is encouraging another employee to commit an act of misconduct and is therefore subject to disciplinary action.

  • E. Inappropriate Use of Facilities and Equipment

    E. Inappropriate Use of Facilities and Equipment

    Case E.1 – Here's my work email!

    Scenario

    Armand belongs to the archery club. Club members have access to a Web site to announce various things. Because Armand doesn't have a home email address, he uses his Service Canada address to try to sell his car. He says he replies to his emails outside work hours.

    Solution

    Solution

    Armand is using his government address and government equipment for personal purposes unrelated to his work duties. There is an appearance of conflict between his work duties and his personal activities, because his address clearly belongs to the federal public service. We have to be careful when using the Internet at work for activities that are not work-related because, in all our transactions, we leave a trace that can be easily identified, and the government's image can be adversely affected.

    Public servants "must act at all times with integrity and in a manner that will bear the closest public scrutiny, an obligation that may not be fully satisfied by simply acting within the law".

    Case E.2 – Is this okay?

    Scenario

    Jean-Charles has recently joined the Integrity Services Branch. He reads somewhere that the federal government has committed to promoting the use of the Internet throughout the public service to improve services to the general public. He is also aware that Service Canada has developed the necessary measures to ensure that all employees have access to this important work tool. Although he knows that the employer attaches a great deal of importance to employees making appropriate use of computer tools, and several messages have warned against using the Internet for unacceptable and unlawful purposes, he is wondering what such activities would be.

    Solution

    Solution

    Unacceptable activities are those which violate departmental guidelines, as well as departmental and Treasury Board policies. Examples include:

    • causing congestion and disrupting networks and systems;
    • downloading sensitive data or client database information without authorization;
    • destroying or altering data without authorization;
    • sending abusive, sexist or racist messages to employees and other individuals.

    Unlawful activities are those that violate the Criminal Code of Canada and federal and provincial laws that provide for criminal offences. Some examples include copyright infringement, defamation, obscenity and child pornography.

    Authorized users are permitted use of the electronic network:

    • to fulfill work responsibilities and further the mandates of Service Canada, Labour Program and ESDC;
    • for career development;
    • for personal use that:
      • is on personal time;
      • is not for financial gain;
      • does not add to costs; and
      • does not interfere with the conduct of business.

    Case E.3 – Surfing what sites?

    Scenario

    Robert has been seen spending a lot of time on illicit sites during work hours. He has also given his password to a colleague.

    Solution

    Solution

    When employees turn on their computer and enter their password, a complete record of their activities is left on the network. Technology makes it possible to track and easily identify every transaction and consultation made in a file and the person who made them. It can also be used to identify what sites employees visit and how much time they spend there. Monitoring of the network is intended to protect personal information and prevent unacceptable or unlawful use.

    Unacceptable activities are those which violate departmental guidelines, as well as departmental and Treasury Board policies. Examples include:

    • causing congestion and disrupting networks and systems;
    • downloading sensitive data or client database information without authorization;
    • destroying or altering data without authorization;
    • sending abusive, sexist or racist messages to employees and other individuals.

    Unlawful activities are those that violate the Criminal Code of Canada and federal and provincial laws that provide for criminal offences. Some examples include copyright infringement, defamation, obscenity and child pornography.

    Authorized users are permitted use of the electronic network:

    • to fulfill work responsibilities and further the mandates of Service Canada, Labour Program and ESDC;
    • for career development;
    • for personal use that:
      • is on personal time;
      • is not for financial gain;
      • does not add to costs; and
      • does not interfere with the conduct of business.
  • F. Outside Activities/Time Theft/Internet

    F. Outside Activities/Time Theft/Internet

    Case F.1 – She's always on the internet!

    Scenario

    It's Monday morning. It's going to be a very busy day for your program assistant. She works part time, so when she gets in on Monday morning, there are lots of things in her "to do" basket. This morning, unusually, you have to pass by her office a number of times because the printer is just beside her desk.

    Quite unintentionally, you notice that she is viewing a discount travel page on the Internet and that she is continuing to search that site. In fact, in the past hour, you have gone by three times and, each time, you have noticed that she is still searching the same site rather intensely.

    What do you do?

    Solution

    Solution

    You should ensure that the employee is not on a break. If she is doing personal searches on the Department's time, it would be appropriate to meet with her to explain her duties and obligations with regard to using the Internet at work.

    As public servants, we have to respect our work schedules and work the required number of hours. Our use of departmental equipment must comply with existing directives and policies. Under the ESDC Code of Conduct, all ESDC employees are responsible for carrying out and performing their job duties and complying with Canadian laws.

    Case F.2 – Where've you been?

    Scenario

    As a team leader, you occasionally stroll down to visit your staff in their office area. You take time to talk with them, either one-on-one or in a group. They appreciate your presence and your availability.

    During one of these conversations, a program officer tells you that a member of the team often arrives late, does not respect his work schedule, and often leaves without notifying anyone.

    Because your office is quite far away, you are not in a position to see this happening. This is the second time that this employee has brought up the subject with you, but he has never discussed the issue with his colleague.

    What do you do?

    Solution

    Solution

    This example involves the specific issue of attendance at work, which falls under the purview of Labour Relations and Human Resources.

    Under the ESDC Code of Conduct, public servants must demonstrate professional excellence by providing fair, timely, efficient and effective services. They must also effectively and efficiently use the public money, property and resources managed by them (value of Stewardship). This employee's salary comes from public money and he must work the required number of hours every day.

    Therefore, in terms of the Code, this employee is failing to respect the values of Excellence, Stewardship and also Respect for People, since his absences and lack of punctuality could result in a shifting of his workload to other members of the team, demonstrating a lack of respect and courtesy toward his colleagues.

    The team leader has a number of options: he can meet with the employee; issue an email reminder to all employees about work rules; do a general follow-up on the person's punctuality and attendance at work, etc. The team leader should consult his supervisor and the Labour Relations Advisor if the situation with the employee does not improve.

  • G. Open Criticism/Loyalty/Social and Other Networks

    G. Open Criticism/Loyalty/Social and Other Networks

    Case G.1 – Talk to your MP!

    Scenario

    It's the beginning of 2011. Our contribution agreements need to start up as quickly as possible so that we maximize use of funding under the Skills Link program. In the latest Planning and Tracking of Contractual Activities (PTCA) exercise, you committed to spending X amount and you are monitoring the Skills Link commitments very closely.

    However, one of your projects still needs to be approved by the Minister's Office, and there are unusually long, and inexplicable, delays. The sponsor is pressuring the program officer responsible for the file, phoning him often to find out what's going on.

    This morning, the program officer seems to be impatient, and you overhear him telling the sponsor that it's in the Minister's Office, that there are delays, and that he can't do anything about it. The program officer says that he has done his job, but that the Minister might be absent, on vacation or simply snowed under with work. The program officer invites the sponsor to contact his MP to complain about the situation, and you overhear this suggestion.

    Because the sponsor is quite insistent and seems upset, the program officer suggests that he contact the Minister directly by sending an email to the House of Commons site. He tells him how to proceed.

    What do you do?

    Solution

    Solution

    The duty of loyalty and the value of Respect for Democracy are at issue here.

    Public servants' duty of loyalty should take precedence over their ability to speak publicly as a Department employee. Under the ESDC Code of Conduct, public servants must act at all times in such a way as to uphold the public trust. They must ensure that the integrity, objectivity and impartiality of government are conserved and enhanced.

    Public servants may not openly criticize the Department or its decisions (even the slowness of the process). If there is a process in place for clients to complain about delays under the program, the employee can inform the sponsor about the complaint process. Alternatively, the employee can consult and seek guidance from his or her supervisor/manager.

    Case G.2 – Can we talk about this on-line?

    Scenario

    You have just been given authorization to allow your teams to use Communicator. Because you work with remote teams, you and your manager realized that this tool could help break their isolation. So all staff in your directorate area are now using Communicator, and everything seems to be going well.

    Every morning, you manage to send a little hello to your remote teams, and you congratulate yourself for getting everyone on the new system.

    This morning, a program officer in one of the remote offices posts a comment on Communicator. His two co-workers are on the road and he is alone in the office. He just found out about the new policy setting out internal review committee (IRC) timelines, and he is not happy because he himself has a project presently with the internal review committee and he was hoping that his project would be starting up quickly. He just learned that his project will start a week later than planned.

    His comment on Communicator is:

    What do you think about the new policy for the IRCs?

    Personally, I think it's a pile of ...

    What do you do?

    Solution

    Solution

    Use of the various forms of communication allowed by the Department must comply with the policies and directives and with the Codes' value of Respect for People. Use of disrespectful language cannot be tolerated.

    In addition, criticizing an official decision or a policy publicly or internally may be inconsistent with the value of Respect for Democracy which states that public servants are expected to loyally carry out the lawful decisions of their leaders. The program officer should be advised that the manner in which they convey their concerns is often just as important as the topic of their concern, and it would be beneficial to all members of the team if concerns were presented in a professional and respectful manner that encourages collaboration and teamwork.

    Case G.3 – This is my civic duty!

    Scenario

    A call centre agent is wondering whether he can sign a petition on Facebook that calls for the resignation of an elected member of Quebec's National Assembly.

    Can he sign the petition?

    Solution

    Solution

    This case is about the political neutrality that all public servants must maintain. Under the ESDC Code of Conduct, "Public servants must work within the laws of Canada and maintain the tradition of the political neutrality of the Public Service."

    Public servants are therefore not allowed to use the Department email system to sign this kind of petition on line. The electronic signature on the petition would be linked to the Department email. However, there is nothing preventing a public servant from signing this kind of petition at home, as an individual and private citizen. This employee has to make sure that he signs the petition as an individual and that he in no way identifies himself as a federal government employee. In cases like this, where an employee openly expresses opinions via a petition, we always have to think about public perception and about the damage that could be done to the Department.

    Public servants must conduct themselves in a manner that does not harm the reputation of the Department, the Government of Canada or the clients they serve.

    The same reasoning applies to hard copy petitions signed by hand.

    Case G.4 – But what about my rights and freedom?!

    Scenario

    Jacques, a Service Canada employee, is heading up a local campaign to change the federal Firearms Act. He attended a public meeting and didn't hesitate to openly criticize the federal government's position on health care. In fact, at the meeting, he proudly sported a button with a slogan denouncing the government's position.

    To his thinking, he is doing it outside his work hours and he has the right to use his own time as he sees fit and to support causes that are important to him.

    Solution

    Solution

    The value of Respect for Democracy reflects the duty of public servants to uphold the Canadian parliamentary democracy and its institutions. If, as private citizens, we do not agree with a policy decision, we have a number of options for expressing our personal position: for example, writing to MPs or taking part in elections and casting our vote. However, if we participate in such actions to publicly criticize government decisions as federal public servants, our behaviour is not consistent with the value of Respect for Democracy as set out in the Code, and that value is a condition of employment for all public servants. There are democratic ways of influencing public policy.

    It is a matter of public trust in the federal public service's ability to maintain its neutrality.

  • H. Lack of Respect/Threats 29

    H. Lack of Respect/Threats 29

    Case H.1 – Don't mess with him!

    Scenario

    As a team leader, you are snowed under with work, you are in your office and the demands are flooding in.

    You overhear a program officer telling a colleague that he just had a conversation with a sponsor in which he had to explain the consequences of the sponsor's tardiness in submitting his expense claims. The program officer says that he is fed up working with this organization: it is always late, doesn't provide clear activity reports, doesn't return his calls, and doesn't show much respect. The more the program officer tells his story, the more irritated he becomes, and he is now using a fairly loud voice to talk about all the problems the sponsor has had in his personal life. He says that he understands what young people are facing but that enough is enough -- he needs to meet with the sponsor to put an end to the program because of the delays in his project. The program officer says that, in any case, he is not paid to work with sponsors who don't fulfil the conditions of their contribution agreement.

    What do you do?

    Solution

    Solution

    You need to meet with this employee and remind him of his duty under the Code as a public servant. This employee is clearly not living up to the Respect for People value set out in the Code, which requires public servants to demonstrate respect and fairness in their dealings with both citizens and fellow public servants.

    Your discussion could include the topic of professionalism and the importance of fulfilling his duties with competence, excellence, efficiency, objectivity and impartiality. In keeping with the value of Excellence, public servants should constantly renew their commitment to serve Canadians by improving the quality of service, by adapting to changing needs through innovation, and by improving the efficiency and effectiveness of government programs and services offered.

    The Code of Conduct specifiies that public servants, in fulfilling their official duties and responsibilities, must make decisions in the public interest. They must act at all times in such a way as to uphold the public trust.

    Case H.2 – Too much information!

    Scenario

    As a team leader, you are set up physically close to the program officers. One morning, a program officer is talking on the telephone with a man, most likely her husband. You can overhear the conversation quite easily.

    A dispute breaks out and things escalate. She tells him that she is thinking of leaving him, that she is tired of doing everything, that the holiday season was difficult, that she won't forget it any time soon, and that it's probably the last time she will accept what happened on New Year's Eve. She starts crying and hangs up. She is crying hard, and two of her colleagues who also overhead the conversation get up and come to console her. But now she has been crying for 10 minutes and she's not showing any signs of letting up.

    What do you do?

    Solution

    Solution

    Both you as team leader and the colleagues have to demonstrate a great deal of tact and diplomacy in this situation. The Respect for People value requires that public servants demonstrate respect and fairness in their dealings with citizens as well as fellow public servants.

    You should meet with the employee and offer assistance. Also, kindly ask the others to go back to their work to ensure continued services. Then explore the various options for helping the employee (Employee Assistance Program, community programs that assist women going through the process of separation, or any other possibility that might come out of the conversation).

    Case H.3 – Thrown under the bus!

    Scenario

    Louise, a program officer, receives a telephone call from a private-sector employer whose grant application has been turned down. The employer tells her that another officer in a similar case approved the application. Without checking, she responds that the other officer made a mistake.

    Solution

    Solution

    Louise's behaviour could undermine the relationship of trust between the Department and its clients. She appears to have cast doubt on the other officer's competence without the due diligence of validating or confirming the facts of the situation. She has failed to demonstrate the collaborative spirit that is required when working with colleagues. She has lacked professional excellence and has damaged the organization's corporate image.

    Public servants are expected to demonstrate professional excellence by providing fair, timely, efficient and effective services. Being fair would have involved the application of due diligence in validating or confirming the facts of the situation before expressing a conclusion.

    Case H.4 – Talk about things getting out of hand!

    Scenario

    The workplace emergency response team conducts an exercise. When it's over, after work hours, the team members go to the neighbourhood pub. Louise, a new employee, is the designated driver. As they are about to leave, her colleague Robert, now drunk, swears at her, telling her in so many words "where to go". Louise is upset about this, and she goes to see her union representative the next morning. Robert, Louise and the union representative meet. Robert acknowledges his inappropriate behaviour and apologizes to Louise, and Louise gladly accepts the apology.

    The following day at the office, Robert talks about Louise's reaction with his colleagues. Calling Louise a "blubbering crybaby", he tries to convince them that she should not be on the emergency response team. Then he deliberately ignores Louise, doesn't answer her questions, and winks over at his colleagues when she says something at meetings.

    Louise had accepted Robert's apology and thought the incident had been resolved informally. Now she feels that the incident has "spilled over" into the workplace and is having a negative impact both on her and on her relationships with Robert and her other colleagues.

    Solution

    Solution

    Clearly, Robert's behaviour at the neighbourhood pub and back at the office is inappropriate because he is doing his best to run down his colleague Louise and try to get her off the emergency response team, which was set up specifically to deal with urgent problems at the office. Attempting to keep someone from participating in a meeting or a team and speaking of that person negatively in front of others can be considered as harassment, which cannot be tolerated in a harmonious work environment.

    The manager has a responsibility to prevent and address inappropriate behaviour, including harassment and discrimination, involving employees.

  • I. Other Breaches 33

    I. Other Breaches 33

    Case I.1 – I know her!

    Scenario

    A mediator is about to intervene in sensitive and complex negotiations with the employer and employee representatives. The mediator has dealt with both representatives before. The day before entering into the mediation process, the two negotiators provide the mediator with a list of names of their respective members. The mediator notices that a former colleague and good friend of his is on the list of people who will be at the negotiation table. If the other party finds out, it might jeopardize the entire process and might not reflect well on the Labour Program.

    Solution

    Solution

    Mediators should always take care to avoid what might appear to be a bias in favour of any party. The mediator in this case should tell the parties that a friend of his is on the negotiating team. The mediator should be prepared to remove himself from the mediation if one of the parties feels that there is a problem of potential bias.