Investigations of allegations of employee misconduct

Allegations of BC Public Service employee misconduct are to be taken seriously. As a manager or supervisor, if you suspect employee misconduct that may result in discipline, notify the BC Public Service Agency (PSA) right away.

Managers are required to notify the PSA promptly after being made aware of allegations of employee misconduct that, if confirmed, may result in discipline.

In these circumstances, managers must first consult with a PSA representative before commencing any review, investigation or suspension of an employee.

On this page

• How do I notify the PSA of alleged or suspected misconduct?
• What happens after I notify the PSA?
• How is an investigation conducted?
• What happens at the conclusion of an investigation?
• What information is provided to employees who are involved in investigations?
• Does the PSA provide labour relations training and support to managers?
• Resources
• Contact us

How do I notify the BC Public Service Agency of alleged or suspected misconduct?

Members of BCGEU or PEA can contact their union representative for assistance in submitting a Bullying/Misuse of Authority Complaint Form (Article 1.10) under Article 1.10 of their collective agreement.

Alternately, please submit an AskMyHR (IDIR restricted) online service request using the categories Myself (or) My Team/Organization > Workplace Disputes & Conflicts > Other Issues & Inquiries. Your service request will be sent directly to an advisor who can assist you.

Should a situation arise after regular business hours that necessitates suspending an employee immediately, the ministry may make the decision and consult with the PSA on the next business day with respect to the merits of that suspension.

What happens after I notify the BC Public Service Agency?

Once the PSA has been informed, a representative will review the allegations with you and make a determination regarding the potential seriousness of the allegations and the extent of the PSA’s involvement in any response to, or investigation of, the allegations.

If it's determined that there's no need for an investigation, the PSA will provide advice and guidance regarding an appropriate response.

How is an investigation conducted?

If an investigation is required, an investigator will be appointed to gather and examine all the relevant facts regarding the issue. This will usually include:

• Conducting interviews with individuals that are relevant to the case, including:
  • The complainant
  • Witnesses
  • The respondent
• Reviewing relevant documents

After the necessary evidence has been gathered, the investigator:

• Assesses the evidence
• Makes findings of fact
• Determines whether the findings support or refute the allegations or concerns that prompted or were subsequently identified during the course of the investigation

For bargaining unit employees, an investigation will follow applicable collective agreement procedures. A union member has the right to representation during an interview that the employee believes might result in disciplinary action, but can request union representation regardless of the role they play.

Respondents are strongly encouraged to secure such representation as disciplinary consequences may flow from an investigation.

What happens at the conclusion of an investigation?

Once an investigation has been concluded, the investigator will report on the investigation findings and conclusions to the appropriate decision-maker in the ministry. The findings will also be shared with a human resources/employee relations specialist within the PSA. The specialist will analyze the investigation findings and conclusions and discuss options and recommendations with the decision-maker.

Upon completion of an investigation or review arising from a Bullying/Misuse of Authority Complaint Form (Article 1.10) filed by a member of BCGEU or PEA, the employer will provide a written outline of the findings to the complainant and the respondent.

In complex cases, a senior labour relations specialist in the PSA and/or Legal Counsel may be brought in to assist with formulating the appropriate response. 

In order to ensure objectivity and fairness and to avoid the perception of a conflict of interest, the role of the investigator is separate and distinct from the role of the human resources/employee relations specialist.

Once an investigation is completed, the management representative may question the investigator on the findings or conclusions for the purpose of seeking clarification.  However, the investigator should not be involved in follow-up discussions with the ministry regarding the potential response to the investigation.

The human resources/employee relations specialist will provide any necessary assistance regarding the imposition of discipline, meeting with employees, drafting of disciplinary letters, etc.

What information is provided to employees who are involved in investigations?

During an investigation, it's important that the individuals involved are provided with information about the investigative process.

• The investigator will provide a copy of the Employee Handout: Workplace Investigations (PDF, 214KB) to witnesses, complainants and respondents.

Does the BC Public Service Agency provide labour relations training and support to managers?

Yes. The Learning Centre offers a series of courses designed to help you learn more about labour relations and to develop the skills you need to address problems in the workplace. These courses are restricted to managers and supervisors.

Visit the PSA Learning System (IDIR restricted) to register for the following courses:

• Labour Relations 101 provides a basic, general understanding of the structure of a collective agreement, the legislation behind it and how to use the collective agreements.
• Labour Relations 201 is an interactive classroom workshop that provides a participant with skills and knowledge to manage and minimize possible repercussions from on-going issues of performance, absenteeism or behaviour of individual employees.
• Labour Relations 301: Investigative Skills Workshop provides the essential information and tools for managers and supervisors to investigate routine workplace issues in a fair and productive manner.
• Labour Relations Investigation is a 90-minute online resource that provides essential information, key steps, skills and tools to conduct routine investigations of allegations of employee wrongdoing.

In addition, an HR specialist can provide you with advice and guidance on the following issues:

• Allegations of inappropriate behaviour, attendance, or performance, and advice on whether the behaviour/performance is culpable or non-culpable
• General inquiries about investigations
• How to address general workplace conflict and team dysfunction

Submit an AskMyHR (IDIR restricted) service request using the categories Myself (or) My Team/Organization > Workplace Disputes & Conflicts > Other Issues & Inquiries.