Principles & Policies for Managing Human Resources

3.2.1 Conflict Of Interest

POLICY

The Manitoba government supports the rights of civil service employees to be involved in community projects and activities as citizens of the community. This is balanced with the recognition that civil service employees participate in government activities including making decisions affecting Manitobans, and have knowledge of a wide range of confidential information. Real, apparent or potential conflicts of interest may reduce public trust and confidence in the integrity and impartiality of government.

Employees are expected to place the public interest first in carrying out their duties. This involves avoiding or effectively resolving conflict of interest situations where private or personal interests improperly influence, could reasonably be perceived to improperly influence, or could reasonably be foreseen to improperly influence, the performance of their duties and responsibilities. Ultimately, these situations must be resolved in favour of the public interest.

 

APPLICATION

This policy applies to all civil service employees as defined by The Civil Service Act.

An employee must not directly or indirectly:

Note: the Oath or Affirmation of Office/Allegiance requires that employees, without due authority, refrain from disclosing any information, in any form, which may come to them by reason of their employment in the Manitoba government. The obligations of the Oath or Affirmation of Office/Allegiance apply throughout employment with the government of Manitoba and continue to apply after the employment relationship ends.

Any gift or benefit accepted must be of nominal value and must not create an obligation or perceived obligation.

For each of the above conflict of interest situations, an employee must consider if their private or personal interest:

  1. improperly influences the performance of their official duties and responsibilities, or;
  2. could be reasonably perceived to improperly influence the performance of their official duties and responsibilities, or;
  3. could reasonably be foreseen to improperly influence the performance of their official duties and responsibilities.

 

PRACTICES

Should an employee suspect they are, may be reasonably perceived to be, or may reasonably foresee being in a conflict of interest situation, they must immediately initiate the disclosure process.

Disclosure is a confidential procedure to protect both the employee and the employer from unfair or improper allegations of conflict of interest. It requires an employee who suspects he or she is, might be reasonably perceived to be, or might reasonably foresee being, in a conflict of interest to complete the Employee Conflict of Interest Declaration form (only available to Government of Manitoba employees), for his or her Deputy Minister or designate. In the case of Deputy Ministers, disclosures are made to the Clerk of the Executive Council.

The employee may be asked to provide additional information to determine if a conflict of interest exists. Once the Deputy Minister or designate reaches a decision, an employee is advised if a conflict of interest exists and if so, is given direction on how to resolve the conflict of interest.

Should an employee disagree with the decision, they can appeal the decision to the Deputy Minister or designate of the department. If the employee disagrees with the Deputy Minister or designate’s decision, an appeal can then be filed with the Civil Service Commission Board as defined under Section 4(1) of The Civil Service Act. During this appeal, the employee has the option of having a representative present. The Civil Service Commission Board’s decision is final.
Failure to disclose and/or address a conflict of interest appropriately may result in disciplinary action up to and including dismissal.

Where an employee believes he or she was unfairly disciplined for a breach of the conflict of interest policy, there is recourse in the grievance procedures of their collective agreement or as set out in The Civil Service Act and Condition of Employment Regulations.

 

ROLES AND RESPONSIBILITIES

Employee

Management

Deputy Minister or Designate

Clerk of the Executive Council

Human Resources (Civil Service Commission)

Labour Relations Division, Treasury Board Secretariat

 

REFERENCES

This policy should be read in the context of the following and any other applicable legislation and policies:

 

DEFINITIONS

Private or personal interestsactual/potential financial gain/loss or actual/potential favour or prejudice that can bring benefit to us as individuals or to others, including a spouse, partner, child, relative, friend, past or present business associate, or organization.

Government property includes but is not limited to information not generally available to the public, government facilities (boardrooms, office space, office address, etc.), vehicles, equipment (computers, photocopy machine, fax machine, boats, motors or other field equipment, etc.), material (paper, supplies, etc.), or intangible government property (such as government working time).

 

AUTHORITY


Effective Date: January 19, 2015



Owner:

Labour Relations Division, Treasury Board Secretariat

Additional information:

Labour Relations Division, Treasury Board Secretariat
Phone: 204-945-8065

 


 

Table of Contents  -  Back to Top