What to do when an employee comes to you to disclose a wrongdoing

Public Servants Disclosure Protection Act Information for Managers

As a manager, you have particular responsibilities under the PSDPA.

This document is a tool for managers in Employment and Social Development Canada, Labour, and Service Canada who might be faced with an employee who is considering making a disclosure of wrongdoing under the Public Servants Disclosure Protection Act (PSDPA).

As a manager, you have particular responsibilities under the PSDPA.

You must advise:

  • employees about the PSDPA, their options for making a disclosure, their protection from reprisal, and where to get more information
  • the Senior Disclosure Officer about potential disclosures that might require an investigation

Wrongdoing is defined as:

  • a violation of law or regulation
  • a misuse of funds or assets
  • a gross mismanagement
  • an act or omission that creates a danger to the life, health, and safety of people or the environment
  • a serious breach of the code of conduct
  • knowingly directing a person to commit a wrongdoing

You must protect:

  • the identity of all persons involved in the disclosure process
  • the discloser and witnesses against possible reprisal
  • information and records relating to the disclosure to ensure confidentiality
  • the public interest and the public’s confidence in the organization

Reprisal is defined as:

  • disciplinary measure
  • a demotion
  • termination of employment
  • any measure that adversely affects employment or working conditions
  • a threat to take any measure of reprisal

How to deal with a disclosure

  • Schedule time to listen to the employee’s concerns. Even when you think there is no potential wrongdoing, it may be an opportunity for you to address a workplace issue.
  • Receive the information that the employee believes could indicate that a wrongdoing has or is about to be committed, and keep a record of your actions to address the disclosure.
  • Get as much information as possible about the alleged wrongdoing from the employee. This will help you determine whether you should refer the matter to another person or organization for resolution, or to the Senior Disclosure Officer.
  • Determine whether this is a disclosure of wrongdoing that is in the public interest, or a personal complaint that would be best dealt with through another procedure or mechanism related to:
    • the grievance process
    • harassment complaints
    • the Access to Information Act
    • the Privacy Act
    • the Public Service Employment Act
    • the Canadian Human Rights Act
  • If you are not sure how to proceed, consult subject-matter experts or the Senior Disclosure Officer—but keep the identity of the employee confidential.
  • If you believe an investigation is required, refer the disclosure to the Senior Disclosure Officer.
  • Keep the employee informed of your actions and their outcomes.
  • Monitor the workplace to ensure there are no reprisals taken against the employee or witnesses.

Under the PSDPA, you cannot accept anonymous disclosures or those based on rumour or hearsay. However, if you believe the information is credible and the allegation is sufficiently important, you can refer the matter to the appropriate branch or office for review, or to the Senior Disclosure Officer.

Complaints of reprisal

You are responsible for ensuring that no reprisals are taken against the employee who makes a disclosure. If the employee believes reprisals are occurring, you should refer him or her to the Public Sector Integrity Commissioner, who has a mandate to investigate these complaints under the PSDPA.

Protecting identity

You should never guarantee that confidentiality will be maintained—there may be rare cases where the identity of the discloser or witnesses must be revealed.

Do not reveal the identity of the employee making the disclosure to anyone other than the Senior Disclosure Officer. Only the Senior Disclosure Officer (or the Public Sector Integrity Commissioner, in cases of disclosures made to that Office) may authorize the release of this information, and this will be done only to satisfy the principles of natural justice and procedural fairness, or if required by law.

Emergencies

There may be disclosures that require an urgent response. These cases are limited to situations in which the potential wrongdoing constitutes:

  • a serious offence under an Act of Parliament or the legislature of a province; or
  • an imminent risk of a substantial and specific danger to the life, health, and safety of people, or to the environment.

If you believe that this is the case, you should refer the disclosure to the Senior Disclosure Officer as soon as possible.

Confidentiality of information

Keep detailed records of the disclosure and of your efforts to address the matter. If the matter is referred to the Senior Disclosure Officer, your records will be an important element in the preliminary assessment of the disclosure.

After your involvement with the disclosure ends, you must report and send all records and information about the disclosure to the Senior Disclosure Officer, who will secure the information as required under the PSDPA, Access to Information Act, and Privacy Act.

Since this material is protected information, send it double-enveloped, gum-sealed, with no security marking on the outer envelope.

Forms to guide you

  • Employee Disclosure Form
  • Record of Disclosure for Managers

Want to know more

We Can Help

Telephone :819-654-5043

Email : NC-MIN-DIVULGATION_DISCLOSURE-GD

Mailing address :

Senior Disclosure Officer
ESDC, Labour and Service Canada
Place du Portage, Phase II
165 Hotel-de-Ville Street
Mail stop: L804
Gatineau, Quebec K1A 0J9

Mark envelope as CONFIDENTIAL