Generic Case Studies

The hypothetical cases are classified by topic. They provide examples of ethical dilemmas as well as factors to consider and possible solutions.

Outside Activities or Volunteer Situations
Political Activities
Confidentiality of Information
Conflict of Interest
- Gifts and Hospitality
- Preferential Treatment
Conflict between Personal and Organizational Values
Harassment and Discrimination-Free Environment
Use of Crown Property
Work Relationships
Public Criticism
Post-Employment

1. Outside Activities or Volunteer Situations

A) Impressed

When speaking with an employer, he offers you a job at his company because he is impressed with the work and service he has received from you. The company is an investment firm with a large client base in your community. You are considering requesting a leave of absence from your job with the department to accept the job.

Factors to consider

Am I taking advantage of my position to benefit personally from a contact?
Is this ethically correct?
Is there a real or perceived conflict of interest between my new role and my role and responsibilities within the department?
What will be the public's perception of the situation?

Options for solution

Discuss the situation with your supervisor or with a staff relations advisor.
Before accepting the job and going on leave of absence, you must complete a conflict of interest Confidential Report with the designated officer for conflict of interest and post-employment.

B) The Specialist

Anthony, employee with the department, has first-aid certification. The co-ordinator of a private organization wants him to teach a first-aid course two days a week, outside working hours, for remuneration.

Anne, a Labour Affairs Officer, received an offer from the local CEGEP to teach evening courses on labour standards for pay. Her name was given to CEGEP managers by an departmental employee who recently dealt with them on a program. Anne is interested in the proposal, but wonders if she can accept.

Factors to consider

Is this ethically correct?
Are the employees benefiting from their work contacts?
Is this a violation of the Values and Ethics Code for the Public Sector?
Is it possible to maintain impartiality?
What will be the public's perception of the situation?
What is the continuing relationship between the outside activity and the on-going work?
Take into consideration the role within the outside organization, the role within the Department, and any departmental activities associated with the outside organization and the community's perception.

Options for solution

Both parties should seek approval from their manager, who will determine if a real, potential or apparent conflict of interest or if an ethical dilemma exists and, if so, how it should be handled.
Fill out a conflict of interest Confidential Report with the designated officer for conflict of interest and post-employment.

C) The Speech

Donna is a volunteer director of the John Howard Society. She has been asked to make a speech at a community meeting. In her speech, she will need to talk about the problem with the department's placement system and the programs for reintegrating ex-convicts into the work force. Donna occupies an Employment Services position at a service center.

Factors to consider

Will Donna be placed in a situation where she will be required to criticize her employer?
Is this ethical?
Do federal government employees have the freedom to speak against the decisions of their employer?
Is there a conflict between roles and responsibilities and voluntary activity?
What is the community's perception?
Based on the value of respect for democracy, employees must refrain from publicly criticizing the Government of Canada, its policies, priorities, programs or officials.

Options for solution

Refuse to participate.
Before responding to the invitation, discuss it with your supervisor to obtain approval. The supervisor will determine if a real, potential or apparent conflict of interest or if an ethical dilemma exists and, if so, how it should be handled.

2. Political Activities

A) Municipal Election

Bernard, a departmental employee, intends to seek election as a councillor in the next municipal election. Fellow workers have told him he should request a leave of absence without pay for political activity before announcing his candidacy.

Factors to consider

Is this a conflict of interest?
You may wish to consult Sections 32-33 of the Public Service Employment Act.,
If you wish to seek nomination as a candidate in a federal, provincial or territorial election, you must obtain approval from the Public Service Commission (PSC) for a leave of absence before announcing your candidacy so as to prevent a conflict of interest.
The PSC has the responsibility and discretion for granting leave of absence to public servants who wish to be candidates in federal, provincial or territorial elections.
Our value commitments state that we must act in a non-partisan and impartial manner.

Options for solution

For municipal government involvement, a leave of absence is not required, however, if Bernard is elected, he must take the necessary measures to ensure that his duties as an employee of the department and as a councillor do not create a conflict of interest between his official duties and his responsibilities as a councillor.
Any political activity requires vigilance in ensuring that his activities do not constitute a conflict of interest.
Bernard should fill out a conflict of interest Confidential Report to the designated official prior to becoming involved in political activities.

B) The Weekend

Henrietta and her husband have just spent the weekend with their friends Violet and Jason. Before heading back home, Violet informs them that she will be seeking election as a member of the Legislative Assembly in the next provincial election, and that she wants Henrietta on the organizing committee for her electoral campaign. Henrietta is tempted by the opportunity, but as a federal public servant, she wonders if she is allowed to participate in political activities.

Factors to consider

What will be her duties on the organizing committee in relation to her present duties in the federal government? Is there potential for conflict of interest?
The Supreme Court of Canada has recognized that the political neutrality of the Public Service is essential to the application of the principle of responsible government.
Public servants may participate in activities of a political nature, but they must remain loyal to their employer, the Government of Canada, and follow the tradition of apparent and real impartiality of the Public Service. This may therefore imply some limitations on their political activities, depending on the positions occupied and their visibility.
Public servants must also ensure that they only participate in such activities after working hours and outside the workplace, and respect the confidential nature of the information they acquire by virtue of their positions.
The value of respect for democracy requires that employees act in a non-partisan and impartial manner.

Options for solution

Employees should discuss the situation with their manager before making a decision.
Employees should fill out a conflict of interest Confidential Report with the designated officer for conflict of interest and post-employment before becoming involved in political activities.

3. Confidentiality of Information

A) Team Spirit

Ronald is leader of a team within the department. There are seven employees reporting to him. Although the seven individuals are at different levels, each employee tries their best to contribute equally to the work. Ronald tries to encourage a team environment.

One of the team members comes to Ronald to complain that not everyone is pulling their weight. Ronald is aware of the personal circumstances of one particular employee, which has an effect on the overall performance of the team. He feels though, that the information is confidential and can not be shared with other team members. He is also aware that the team has difficulties meeting project deadlines. What should Ronald do?

Factors to consider

Employees have different values, which may be in conflict.
Resolving this problem is primarily a management responsibility. Different managers may resolve this problem using different styles of management.
The employee's privacy must be respected in accordance with the Privacy Act and privacy provisions of departmental legislation. A manager who discloses private information about an employee to another employee demonstrates a breach of ethics and of the Privacy Act.
The manager needs to respect the employee's personal situation but not to the detriment of the team environment.
If an employee asks, under the Privacy Act he/she has the right, with very limited exceptions, to know who made a complaint against him/her.
The manager needs to ensure that deadlines are met.
Respecting the principles of confidentiality of information is a behaviour that employees must demonstrate under the value of Stewardship.

Options for solution

Determine the needs of the group versus the needs of the individual.
Discuss team's performance (not specific individuals) with the employee who has personal problems and try to find solutions together to resolve the issue.
Explain the concerns raised by the team members and state that you do not want to divulge his/her personal information to the team unless he/she voluntarily consents.
Use a value-based decision-making approach to discuss the values at issue and how you would make the final choice.
Test for areas of compromise and analyze alternatives.

B) The Local Coffee Shop

While on a break at the local coffee shop, you overhear two colleagues discussing details of a specific client file. Employees frequently go to this coffee shop to discuss work. Because this coffee shop is also visited by the general public, you are concerned that they might overhear confidential client information. What would you do?

Factors to consider

Information concerning client files is confidential and should not be discussed by employees in public places. Disclosure of such information is contrary to the Privacy Act and privacy provisions of departmental legislation.
Security policy dictates that information concerning clients is limited only to employees with a need to know.
Information which employees obtain during the course of their work is protected by legislation.
The employee's behaviour can be damaging to the department's integrity.
Respecting the principles of confidentiality of information is a behaviour that employees must demonstrate under the value of Stewardship.

Options for solution

Discuss the issue with the employees concerned explaining that if you were able to overhear them, so did people from the general public.
Remind them of client/employee confidentiality and the provisions of the Privacy Act and privacy provisions of departmental legislation.
Bring the issue to the supervisor's attention. Employees should be reminded of confidentiality issues.

4. Conflict of Interest

Gifts and Hospitality

A) An Invitation

A private company has invited you to attend a reception. The reception includes dinner and a special performance by a visiting theatrical company. What do you do?

Factors to consider

What is the reason for the "invitation"?
What is your present, past and/or future working relationship with the company/organization?
Are you in a position to influence any federal decision affecting the company/organization?
Is the occasion part of a general promotion or have the recipients been personally selected?
How does it make you feel?
What would be the reaction of your peers, colleagues and the public if they knew about the "invitation"?
Will your integrity and your objectivity be compromised or perceived to be compromised by your acceptance of the gift or your attendance?
Each case must be looked at individually. Factors considered are:
- reason for the gift or hospitality;
- potential for further interaction - future business involvement;
- employee's influence to ensure further business dealings;
- expectation of giver;
- perception of the public;
- government/departmental image, and
- roles and responsibilities of the employee receiving the benefit.

Options for solution

Depending on the reason for invitation, alternative avenues should be explored. For example, a one on one discussion can help promote better communication and understanding.
In all circumstances, your immediate supervisor should be advised of the situation.
Only under very limited circumstances would it be acceptable to attend.
That said, a federal manager may be required to attend events/dinners sponsored by the local chamber of commerce as part of the government's desire to increase community involvement and develop community capacity. However, that same manager may be in a potential conflict of interest situation should the event/dinner be sponsored by one company.
If in doubt, do not accept it.

B) Thank You!

You have received a "thank you" gift from a client, consultant, company, hotel with which you have had recent dealings. The gift could range from a box of chocolates, to flowers, a bottle of wine, or theater tickets. What should you do?

Factors to consider

What were the past dealings?
What is the potential future working relationship?
Is the gift within the realm of normal expression of courtesy?
What would be the perception of a third party who became aware of your acceptance of the gift?
Can the gift be returned?
What would be the impact on future relationships with the giver and the federal government if the gift was returned?
Can the gift be shared with colleagues?
Do you think your integrity and professionalism will be called into question if you accept the gift?
Each case must be looked at individually. Factors considered are:
- reason for the gift or hospitality;
- potential for further interaction - future business involvement;
- employee's influence to ensure further business dealings;
- expectation of giver;
- perception of the public;
- government/departmental image, and
- roles and responsibilities of the employee receiving the benefit.

Options for solution

Accept the gift without reservations, because you do not have any doubts.
Accept the gift but contact the giver and explain that in the future, you would appreciate not receiving the gift.
Refuse the gift. Contact the giver, explain the reasons behind your decision and return the gift.
Share the gift with your colleagues.
Offer the gift to a charitable organization to be used for an office raffle.
Discuss the situation with your supervisor and/or fill out a conflict of interest Confidential Report with the designated official.

C) The Door Prize

You are asked to attend a conference for the government. Unknown to you, the names of attendees are entered in a draw. You win. The prize is a piece of luggage valued at $150. What do you do? What if the prize is a piece of software valued at $750? What do you do? Would it matter if you had bought a ticket at the conference for the draw?

Your department has asked that you make a presentation at a conference. The presentation is to a group of private companies concerning a new government partnership initiative. The government is anxious to receive industry financial support for the initiative. To thank you, the conference organizers present you with a coffee table book. What do you do? What if the gift is a picture by a famous Canadian artist valued at $1,000?

Factors to consider

What would be the public perception if you accepted the gift/winnings?
What would be the public perception if you declined the gift/winnings?
Is the gift within the realm of normal protocol for a thank you?
What would be the effect of your decision on future relations with the organization?
What would be the impact of your decision on government programs?
How does this situation impact on your personal integrity or credibility?
Is the value of the gift a consideration?
Each case must be looked at individually. Factors considered are :
- reason for the gift or hospitality;
- potential for further interaction - future business involvement;
- employee's influence to ensure further business dealings;
- expectation of giver;
- perception of the public;
- government/departmental image, and
- roles and responsibilities of the employee receiving the benefit.

Options for solution

These situations require judgment.
In the case of a speaking engagement, one could assume that you would receive some token of appreciation. The situation should be discussed with your immediate supervisor prior to attending the event.
When accepting the invitation, it could be made clear that departmental or personal values prevent the acceptance of gifts for such speaking engagements.
Given the circumstances, it probably would be difficult to refuse the gift at the time. However, the gift could be returned to the organizers with a thank you note explaining your position; it could be shared with colleagues by putting it in the lounge or lunch room. It could be given to the departmental library.
Most departments have holding/storage/show case areas for such gifts given to employees of the department. It could be given to the departmental assets organization. It could be donated to a charitable organization.
In the situation where you win the door prize, the above options are possibilities.
Once again, if in doubt, do not accept the gift and if you must accept, declare receipt to your immediate supervisor and/or fill out a conflict of interest Confidential Report with the designated official on your return to the office.

Preferential Treatment

A) The Party

Your office invites several employees from a service provider to office parties. They, in turn, invite your office to their parties. You are uncomfortable with this situation because you feel you should not get to know the contractors on a social level, in order to keep them at arm's length.

Factors to consider

Can you continue to be impartial?
Will this influence further dealings with this service provider?
Is there a direct conflict of interest?
What treatment or special privilege is being given?
How will this be perceived by other clients?
Taking an unbiased and neutral view in performing our duties and serving the Canadian public is a behaviour that falls under the value of respect for democracy.

Options for solution

Discuss the matter among staff, in light of values and ethics.
Sit down with the service provider and explain the potential conflict of interest.
Stop the practice.
Address the issue with the supervisor either alone or with the staff.

B) The Good Son

Michael is an information clerk in Income Security Programs. His mother, a pensioner, is late in submitting her application for renewal of the Guaranteed Income Supplement. Knowing that the application will not arrive before the prescribed deadline if it is sent by regular mail, Michael decides to send it by internal mail and asks that the processing of the form be accelerated.

Factors to consider

Is the employee providing preferential treatment or special privilege to a family member?
Would he or could he provide the same service to a stranger?
Is the employee putting himself in a conflict of interest situation?
Is the employee compromising his co-workers by asking for special favours?
The employee's conduct could create doubt in the eyes of the public regarding the integrity, objectivity and impartiality of the government.
Employees must never use their position for their advantage or for the advantage of family members.
Claims related to family members, friends, co-workers or former co-workers should not be given special treatment.
Under the value of integrity of the Values and Ethics Code for the Public Sector, employees must work with impartiality and integrity, providing equitable services to all clients.

Options for solution

The employee should explain the conflict of interest situation to his mother.
The employee should go back to the co-worker and tell him to forget the special favour.
Employees cannot give preferential treatment in relation to any official matter to family members.

5. Conflict between Personal and Organizational Values

A) Checkmate!

Albert does not always agree with departmental directives on the interpretation of a particular act. During a telephone conversation with a client, he explains that his interpretation of a section of an act is not the same as the department's, and points out to the client how they can legally out manoeuvre the intent of that section of the act.

Factors to consider

Integrity of the department.
Does the employee step out of his official role by publicly criticizing legislation and by proposing practices intended to circumvent the act?
Does his behaviour damage the public confidence related to the integrity, objectivity and impartiality of the government?
Does his behaviour reduce the trust that the organization has placed in him?

Options for solution

In the case of a conflict between our personal and our organizational values, employees should discuss the conflict with their supervisor, peers or colleagues, who can often provide insight into the conflict.
If the situation is discussed with the supervisor, he/she must explain to the employee the consequences of not respecting the act, both for the employee and the department. Employees are not allowed to decide what parts of the legislation they will or will not enforce.
Employees must not provide advice contrary to the department's position or interpretation.

B) Professional Association

Claude is a new employee with the department. He is also a member of a professional association in the private sector. This association has its own code of values and ethics. One day, he finds himself in a work situation whereby there is a conflict between the department's values and ethics document and that of his respective association. What should he do?

Factors to consider

Principles of achieving balance between our personal, and departmental values is important but sometimes challenging. Every effort must be made to achieve this balance.
The employee needs to identify and clarify if a conflict exists between his commitment to the department and his professional association.
Are values really in direct conflict?
What are the potential outcomes of the conflict?
What are the consequences to the individual's values, to the organization's values and to the department's values?

Options for solution

The employee needs to understand departmental values.
The employee may compare the values and ethics handbook and the association's code of values and ethics to identify the nature of the conflict between values.
The employee may discuss with his colleagues, who might provide insight into the conflict.
The employee needs to discuss the conflict with the supervisor/team leader.

C) Under Pressure

You often feel pressure from your supervisor to compromise your standards to meet business objectives. You feel pressured to make decisions quickly, without doing a thorough job. You are encouraged to "just fix the problem". Consequently, you feel that your supervisor's actions are in violation of both your personal and departmental values.

Factors to consider

Under stress, the focus is often on operational results. Consequently, insufficient attention may be given to the implication or consequences for the departmental values.
Values sometimes are in conflict.
Are departmental values at risk?
What are the sources of the pressure?
What can be done about them?
What actions could be taken to remove barriers for program and service delivery?
Reconciliation of the values is often possible through dialogue.

Options for solution

Discuss the situation with your supervisor. This is your opportunity to explain how you feel your values and those of the departmental have been compromised.
If you feel this is a major problem, you may suggest to your supervisor to have a discussion with the team on conflicting values.

6. Harassment and Discrimination-Free Environment

A) A Demeaning Way

You have noticed that a supervisor speaks in a demeaning way to an employee in front of staff. You observe this a number of times. The employee eventually takes action and asks you to get involved by stating what you have observed. The dilemma: you know what they are saying is true, but if you get involved, you feel the supervisor will not understand your involvement. Not only that, but you have always got along well with that supervisor.

Factors to consider

All employees are entitled to be treated with respect, especially by their supervisor when carrying out their functions.
The work environment should be healthy, equitable and safe.
The work environment is the responsibility of management and each employee.
How comfortable are you in standing up for something you believe in?
Can you intervene, get the message across and not make matters worse?
What are the reactions of the other employees?
Is it your responsibility to advise the supervisor of his inappropriate behaviour? If not, whose responsibility is it?
Respect for people is a core value of the Values and Ethics Code for the Public Sector; employees should treat each other with respect, fairness and dignity.

Options for solution

Verify your perception with your colleagues.
Discuss the matter and your perception with the supervisor.
Discuss the situation with your supervisor, their supervisor's superior, staff relations colleagues or a union representative, as necessary, to try to resolve the problem.
Advise the supervisor that his behaviour generates discomfort not only to the employee in question but to others in the immediate environment.

B) The Testimony

There is a harassment investigation involving one of your colleagues. In the course of the investigation, you are called to testify. You have knowledge that would not be in your friend's best interest. Do you lie to protect your friend or do you tell the truth? What would you do?

Factors to consider

What is my responsibility as an employee with regards to harassment?
How will this affect my relationship/work with the colleague after the testimony ?
What values are at play?

Option for solution

Inform your friend that you have a responsibility to answer questions honestly.

7. Use of Crown Property

A) Misuse of Supplies and Equipment

You are a new administrative assistant with the department. Over a period of time, you begin to notice that working materials are constantly running low, despite your best efforts to keep the supply room well stocked. The problem is especially acute during the back-to-school-period in early September. You suspect that your co-workers are taking supplies home for their personal use.

You are aware that taking supplies for anything other than business is contrary to regulations. You are reluctant, however, to make an issue of it as the missing supplies are mostly pens and note pads.

After a while, you notice that more substantial items, such as staplers, scissors, calculators, binders and diskettes are being used at an ever increasing rate. You also notice the photocopier being used frequently for purposes obviously not related to work.

Where do you draw the line? Or do you draw a line at all? Should the Branch enforce the regulations strictly? What is the ethical thing to do?

Factors to consider

Resolving this problem is primarily a management responsibility.
There is a responsibility to ensure that taxpayer's money is not misused.
It is also an issue of trust: employees should not misuse their employer's property.
If the problem is general, one person should not be punished as an example to others.
Some employees may have legitimate reasons to leave the workplace with extra supplies (for example, telework).

Options for solution

Suggest to your manager that a reminder to all staff be sent regarding the need for honesty and trust and that office supplies are for office use only.
Discuss with employees the personal, professional and organizational values at play in this situation.
Institute stricter controls, appropriate to the situation, over supplies and equipment.

B) The Fax Machine

Francine's daughter just started a small consulting business. Her office is not yet set up, but to start advertising immediately, she asks her mother to fax a two-page document to five companies using the department's fax machine.

Factors to consider

Extent of use, frequency of use and the reason for use.
Is it appropriate for the employee to do this?
Can an employee use a government fax machine to send a personal fax?
These 5 companies would receive a fax identified as coming from a federal government department with a departmental fax number fax number. How would that affect the department's image/reputation?

Option for solution

She should advise her daughter that this request cannot be honoured. Even if the employee were to pay the cost of using the equipment, it would still be unwise to use the office fax machine since the faxed documents would indicate their origin. Companies receiving the document would therefore be given the impression that a departmental office is promoting a consulting business.

C) The Laptop

Your position requires you to have a laptop that you borrowed from the office. You do not own a computer. You are the secretary of a community association and decide to use the laptop to type letters for the community association. There is no cost to the Department, as you do not use any paper or office furniture/supplies. Should you use that laptop?

Factors to consider

Several factors must be examined to determine acceptable use: extent of use, frequency of use and the reason for use.
Is this reasonable personal use under the circumstances, especially when you consider this is for community service?
Is there a cost to the government?

Options for solution

Employees should not use Crown property for private purposes.
If in doubt, talk to your supervisor.

8. Work Relationships

A) The Self-Directed Work Team

You are an employee in a branch area that uses self-directed work teams. Everyone works fairly independently with a minimum of supervision as the manager is frequently away attending meetings.

A few weeks after your arrival, you notice that a co-worker spends a great deal of time on the phone discussing matters related to his wife's business. Also, his work contribution to the team is minimal. This individual frequently takes extended lunches and coffee breaks, and four or five times a month, he leaves early to go golfing with the manager.

As the manager is away so frequently, he does not appear to be aware that there is a problem. Rumours abound that the manager is protecting this individual for a number of reasons, but no one is really clear on the situation.

The longer the problem persists, the worse it seems to get. How should you proceed? Approaching this person directly has not worked. Do you go directly to the manager, who does not appear to be aware of the problem? All staff within the section have been reluctant to complain about a fellow employee. Is it best to leave the situation as is and seek a transfer or should you do something about it? What is the ethical thing to do?

Factors to consider

There could be information relative to the situation of which team members are unaware, that could prompt some understanding.
The situation is not likely to improve or resolve itself without an intervention. Everyone loses, starting with yourself and your team members, up to and including the Canadian public, who expect and deserve good quality service.
It is clearly a management responsibility to take action in such situations.
Alerting management to the problem should involve fellow workers since group morale is at stake.
Employees have a responsibility to deal with any situation that prevents them from doing their job in an effective manner by treating each other with respect, honesty and dignity.
The persistence of the behaviour is the problem, not a particular incident.
If the co-worker in question is running a private business on government time, the problem is more serious.
You and your colleagues should not appear to be "ganging up" on the problem employee, but rather you perceive a problem and seek to resolve it through discussion.
The problem employee's privacy must be respected.
Different managers may resolve this problem using different approaches consistent with their style.

Option for solution

Discuss with your manager.

B) The Policy Statement

Your supervisor has prepared a policy statement that you feel contains gross errors. In spite of staff efforts to correct the mistakes, he continues to push for the statement. The easy approach is to keep quiet and implement the new policy; the difficult one is to challenge the accuracy of the document. However, there is no appropriate method to challenge the policy. What would you do?

Factors to consider

What is the outcome of the policy?
Who will be affected by this policy once it is implemented? The general public? Employees?
The good of the policy should be placed ahead of any personal considerations.
While the practice of risk management is promoted, program/policy integrity must be respected.

Options for solution

Open a dialogue with your supervisor regarding this policy.
Advise your supervisor, either verbally or in writing, of your concerns in the most tactful manner possible, including the probable consequences of his decision.
In the interest of policy integrity, an employee should express his or her concerns regarding the pitfalls of a policy.
Explain how you think an inaccurate document could affect the work environment, the general public or the department's image and reputation.
The supervisor should adequately explain his or her reasoning in light of your expressed concerns.

9. Public Criticism

A) Penalties up to $12,000

André is having lunch at the cafe on the corner, as he does every Saturday morning. He is a faithful customer, and the owner knows he works for the department. The owner is reading an article in the newspaper about the new Employment Insurance Act, and he says he is scandalized by the government's attitude towards employers. The new Act allows the imposition of penalties of up to $12,000 per offence even though small businesses are already having trouble surviving! He expresses his indignation in front of the customers present and asks André what he thinks of the EI Act.

Factors to consider

Should he, as a federal government employee, comment?
Can he voice his personal opinion?
Does he have the freedom to speak against the decisions of Parliament?
It is a question of public trust in the federal public service to remain neutral.

Options for solution

The employee may wish to acknowledge that he works for the department and to confirm, if he can, what is truthful about those penalties and why.
The employee can explain the position of the government - not justify it.
The employee should explain that discontent can be voiced to Members of Parliament.
The employee could advise the owner that he is not in a position to comment.

10. Post-Employment

A) The Bidding Companies

You are the manager of a program group responsible for the development of a software computer program for the department. As part of the process to select a systems development company, a request for proposals has been tendered. Three major companies have submitted proposals for consideration. It is intended that following the announcement of the successful submission, negotiations toward a development contract will begin.

One of your team leaders announces during the evaluation process that he will be leaving the Government of Canada to accept a position as a project manager with one of the bidding companies. This employee has been an integral part of the request for proposal process and provides key technical information supporting proposal evaluation. The employee has suggested a departure day three weeks from notifying you of his intentions.

Factors to consider

Is there a conflict of interest?
Is the bidding company who is hiring him now compromised?
Should this employee be removed completely from any involvement in the project?
Should this employee leave now?
After leaving public office to work for a company, the employee shall not act in such a manner as to take advantage of his previous office.
The employee shall not knowingly take advantage of, or benefit from information that is obtained in the course of his official duties and responsibilities and that is not generally available to the public.

Options for solution

Remove employee from process.
Employee should complete a conflict of interest Confidential Report, if appropriate, for the time remaining within the federal government.
Assessment needs to be made regarding the integrity of the bidding.

B) The Former Employee

You receive a telephone call from a well-respected former colleague. The colleague has taken an early retirement and is working as a consultant for one of the well-known lobby groups. The former colleague wishes to meet with you to discuss the concerns his clientele has with the new legislation you are drafting. What do you do?

Factors to consider

Is this ethical?
Is there a real or perceived conflict of interest?
After leaving public office to work for a company, the employee shall not act in such a manner as to take advantage of his previous office.
Discussions with outside organizations must always reflect our values and be removed from all real or potential conflict of interest.
We carry out our duties and responsibilities with honesty, impartiality and integrity in all we do.

Options for solution

Advise former colleague that you are not in a position to have this type of discussion.
Refer the former colleague to the person in the organization responsible for dealing with such requests.

Series of Case Studies on Values and Ethics by the Canadian Centre for Management Development and the Treasury Board Secretariat

The First Round of Case Studies

In September 2000, the Canadian Centre for Management Development and the Office of Values and Ethics, Treasury Board Secretariat published a guide entitled Building on a Strong Foundation - The Dialogue Continues (P94E), available as a PDF file

This publication sets out the rationale for focusing on values and ethics, and describes in detail the case study approach to dialogue. The publication also reports on the first five dialogue sessions which deal with concrete issues of concern to public servants:

"How Much is Enough"
Transparency Versus Confidentiality in Releasing Information
"Things Fall Apart"
Balancing Compassion for Employees and Operational Constraints
"Just Following Orders"
Professional Values - New Risk Management Versus Traditional Prudence
"May I Help You?"
Following the Rules Versus Being Humane in Serving the Public
"Go - No Go"
Accountability - The Case of Government Scientists and S&T Managers

The Second Round of Case Studies

In 2001, the Canadian Centre for Management Development and the Office of Values and Ethics, Treasury Board Secretariat published a guide entitled Building on a Strong Foundation - The Dialogue Continues - Volume II (P103E), available as a PDF file.

This publication provides a second series of case studies on values and ethics. Sessions deal with workplace dilemmas involving :

The Experience at Human Resources Development Canada - Reflections by the Deputy Minister and Senior Officials
"Fair is Fair"
A Values-Based Approach to Merit
"Who's in Charge Here?"
Accountability from the Point of View of Ministers and Their Deputies
"Friend or Foe?"
Conflicting Interest in Our Foreign Relations
"That's Not Fair"
The Diversity Challenge for Public Servants
"Let's Try Something Different"
Managing Risks and Maintaining Values
"Diversity and High Quality Client Service"
The Case of Veterans Affairs Canada
"Financial Management and Accountability at Original First Nation: A Clash of Cultures"
The Case of the Department of Indian Affairs and Northern Development