Are there whistleblower protections for temporary workers?

I’m a term employee that has observed unethical behaviour on the part of my supervisor. (I’m keeping this deliberately vague because describing the behaviour would make my identity obvious to some.)

Are there protections in place for term employees to report superiors to an ombuds or would I be risking my future in the public service?

Regards,

— a potential whistleblower

Witnessing behaviour you believe to be unethical is troubling in itself. And as a term employee, wondering whether speaking up could cost you your future in the public service, you feel particularly vulnerable.

You are right to think carefully before acting. And you are right to ask whether any protections exist.

The short answer is yes, they do. But like most things in a large institution, the picture is a little more complicated.

Let me walk you through some of the issues you raise.

You say you have witnessed unethical behaviour, but you don’t say what. So, my first question is, how do you know? Is it something clearly inconsistent with the Values and Ethics Code, such as a conflict of interest or misuse of public resources? Or is it a decision your supervisor made that you disagree with? Do you have facts, or an impression? The answer determines which door to knock on, and how seriously the system will take you. (If it concerns how you are personally treated, harassment processes may fit better.)

If what you have seen is serious, the Public Servants Disclosure Protection Act (PSDPA) covers most federal public servants, including term employees. It gives you a confidential way to disclose what you believe to be wrongdoing. The key word is “wrongdoing,” which the act defines specifically, including contravening a law, misusing public funds, gross mismanagement, serious breaches of the Values and Ethics Code, or creating a substantial and specific danger to public safety.

Under the PSDPA, you have three confidential channels available to you. You can disclose to your supervisor (probably not an option since your supervisor is the source of your concern). You can go to your organization’s designated “Senior Officer for Disclosure,” or you can go directly to the Office of the Public Sector Integrity Commissioner. The public sector integrity commissioner is an independent officer of Parliament, completely outside departmental chains of command.

And if you do report wrongdoing in good faith, or cooperate in an investigation, you are protected from reprisal. That includes discipline, demotion, termination, or any measure that adversely affects your employment or working conditions.

But what might this mean for a term employee? Here is where it gets a bit complicated. The Public Service Employment Act states that term employees are no longer employees at the end of their terms.

Should your term not be renewed, it may be difficult to prove that this was in reprisal for whistle-blowing.

Have you received any notice that your term will or will not be renewed? One month’s written notice is required.

You may also be wondering about the “three-year conversion” rule, by which term employees in the same department working continuously for three years become indeterminate employees. There are many exceptions permitted, and I don’t know if any of those have been invoked by your department.

Your letter mentions an ombuds. Many federal departments have one, and their four guiding principles of confidentiality, impartiality, independence and informality, make them well suited to your situation. They are not part of any formal investigative process, and so approaching them does not constitute an official complaint. They are a safe place to think out loud and explore your options, without committing to anything.

A few other things to consider. Do you have a union? If so, your union representative can advise you confidentially on your rights as a term employee and can be a source of support as you think this through. Do you have trusted colleagues who may have observed the same behaviour? You don’t have to be the only voice.

I suggest that, before doing anything formal, get familiar with your department’s internal disclosure process, talk to your union if you have one, or consult your departmental ombuds if one exists. And decide what outcome you are hoping for.

The bottom line is that we want a public service that upholds the highest ethical standards. I believe that most public servants do just that. But when they don’t, it is vital that they be held to account.

—Yazmine Laroche, Public Service Confidential