Improper conduct that affected the selection of a student

Authority:

This investigation was conducted under section 66 of the Public Service Employment Act, S.C. 2003, c.22, ss. 12 and 13.

Issue:

The purpose of this investigation was to determine if an error, an omission or improper conduct affected the selection of a candidate for appointment as a full-time Federal Student Work Experience Program student, as a result of an advertised external appointment process.

Conclusion:

The investigation concluded that the director and the team leader committed improper conduct by ensuring that the student’s application was referred to them by tailoring the criteria in the student referral request form. This improper conduct affected the selection of the student for appointment.

Facts:

Following the release of the Public Service Commission of Canada’s Horizontal Audit of Hiring under the Federal Student Work Experience Program, concerns were raised that irregularities may have occurred in an advertised external appointment process for a student position.

The investigation determined that the director and team leader assessed and considered a student for appointment before they submitted a request for student referrals from the Federal Student Work Experience Program. As well, the criteria they entered in the request were not related to the position to be staffed and were identical to the information included in the student’s application to the program.

On the balance of probabilities, the director and the team leader knew the content of the student’s application and tailored the search criteria to ensure the student was referred to them. This bypassed the intent of the program, which is to randomly refer students based on the requirements of the position. 

A few students were referred as a result of the referral request, but only the name of the student in question was noted as retained in the student referral system. As a result, the student was appointed for a specific period that is now completed. The investigation showed that none of the other students who were referred, were assessed or considered for appointment.

Those actions from the director and team leader, who were both hiring managers responsible for the appointment, constitute improper conduct that affected the selection of the student for appointment. There is insufficient evidence to hold the sub-delegated manager responsible for the actions of the director and team leader.

Corrective actions:

Following the conclusion of improper conduct, the Commission ordered that:

The team leader:

• must notify the Public Service Commission before accepting any position or work within the federal public service for a period of 3 years
• failure to do so will result in the revocation of their appointment
• must complete the Values and Ethics Foundations for Managers course and then participate in a discussion with a director
• failure to do so will result in a letter to the deputy head advising of the non-compliance with the corrective action

The director:

• must notify the Public Service Commission before accepting any position or work within the federal public service for a period of 3 years
• failure to do so will result in the revocation of their appointment
• must complete the Values and Ethics Foundations for Managers course and then participate in a discussion with the director general
• failure to do so will result in a letter to the deputy head advising of the non-compliance with the corrective action

Investigation File No.: 23-24-02