Public Service Commission Policies

Employee Files

 

Purpose                

To provide the terms and conditions related to accessing employee files by non-represented core public service employees.


Policy Statement

A non-represented employee may make a written request to examine the following files:

  • The personnel file of that employee.
  • Any file held by the employee's supervisor, which contains personal information regarding the employee, except for material that contains personal information about any other person.

Under the Freedom of Information and Protection of Privacy Act (FIPPA), reasonable security arrangements must be in place to protect personal information against risks such as unauthorized access, use, disclosure or destruction. Such security arrangements must be in accordance with the regulations to FIPPA.

A personnel file of an employee is held with Pay and Benefits, which follows an established business process for the retention, transport, tracking and archiving of these files.

With respect to any unsatisfactory report contained in the personnel file for an employee, the employee shall have the right to append their comments to the document and have it form part of the file.


Application

This policy applies to non-represented core public service employees of the Manitoba government, and to non-represented employees for the offices of the Legislature (Section 58(2) The Public Service Act).

 

Responsibilities

FOR EXAMINATION OF THE PERSONNEL FILE

Employees:

  • An employee may request to examine the personnel file of the employee. The request must be made in writing to Human Resources.
  • After the review of the personnel file, the employee and representative of the commission or the department will sign and date the written request to confirm the employee's review of the file. If the employee reviewed the contents of sealed security checks this will also be noted. This request will be retained in the file.

Human Resources:

  • Human Resources will review the written request and confirm employment.
  • Human Resources will confirm a review date, time and place with the employee and verify who will attend.
  • Prior to the appointment, Human Resources will have the requested file retrieved from Pay and Benefits.
  • A representative of the commission or the department must be present throughout the review of the file with the employee.
  • The representative will request identification from the employee prior to showing the file.
  • If an employee requests a copy of documents from the file then the human resource consultant will arrange to provide them. A request must not be unreasonably made or denied.
  • After the review of the personnel file, the employee and representative of the commission or the department will sign and date the written request to confirm the employee's review of the file. If the employee reviewed the contents of sealed security checks this will also be noted. This request will be retained in the file.
  • Human Resources will arrange for return of the file to Pay and Benefits.

Pay and Benefits:

  • Follows an established business process for the retention, transport, tracking and archiving of personnel files.


FOR EXAMINATION OF FILES HELD BY THE EMPLOYEE'S SUPERVISOR

Employee:

  • A request to examine files held by the employee's supervisor may be made at any time. The request must be made in writing to the employee's supervisor.
  • After the review, the employee and supervisor will sign and date the written request to confirm the employee's review of the file. This request will be retained in the file.

Supervisor:

  • The supervisor will review the written request.
  • Upon receipt of an employee's written request, the supervisor of the employee seeks guidance from Human Resources to ensure proper process and obligations under FIPPA are maintained.
  • The supervisor will confirm a review date, time and place with the employee and verify who will attend.
  • The supervisor must be present throughout the review of the file with the employee.
  • If an employee requests a copy of documents from the file then the supervisor will arrange to provide them. A request must not be unreasonably made or denied.
  • After the review, the employee and supervisor will sign and date the written request to confirm the employee's review of the file. This request will be retained in the file.
  • The supervisor will retain control of the original file.


Definitions

Commission: means the Public Service Commission

Core Public Service: as defined in The Public Service Act, consists of the Clerk of the Executive Council, the other deputy ministers and the employees in positions within the departments of government.

Department: means a department as defined in The Executive Government Organization Act.

Deputy Minister: means the deputy minister of a department appointed under subsection 33(2) of The Public Service Act.

Employee: means an individual employed in the public service and, unless otherwise indicated, includes a manager or executive.

Non-Represented Employee: means a person who is either not represented by a bargaining agent as defined in The Workforce Relations Act, or whose position has been specifically excluded from representation by a bargaining agent.

Supervisor: means an employee, including managers or executives, responsible for supervising one or more employees.


Review Process

Each Deputy Minister is responsible for managing their department's workforce in accordance with The Public Service Act, the Manitoba Government Code of Conduct, the action plan and workforce management policies (S. 27(1) The Public Service Act).

 

Resources and Tools

Pay and Benefits - Business Process Security of Employee Files
Payroll Forms Checklist for Regular, Term and Departmental Employees
Security Check Procedure


Authority

This policy should be read in the context of the following and any other applicable legislation:
The Public Service Act S. 27(1)(g)
Public Service Regulation
Freedom of Information and Protection of Privacy Act (FIPPA)


Policy Review and Revision Schedule

A review will be conducted on the administration and operation of this policy, including any related procedural documents and forms, in accordance with a policy review schedule established by the Public Service Commission.


Policy Inquiries

For further information or questions about this policy, please contact:
Coordination and Innovation Branch
Public Service Commission
PSC_HRO@gov.mb.ca
204-945-2332

 

Version Effective Date: February 26, 2022
Original Policy Issued: February 26, 2022