Revocation of an appointment for not respecting a corrective action ordered by the Public Service Commission of Canada

Authority:

An investigation was conducted under section 69 of the Public Service Employment Act, S.C. 2003, c. 22, ss. 12 and 13.

Issue:

The investigation concluded that a public servant committed fraud in an internal advertised process by providing an application containing false information and by falsifying a document, to obtain a position in the public service. 

The Public Service Commission of Canada ordered corrective actions, including the notification requirement for a period of 3 years.

Conclusions:

The public servant failed to comply with the notification requirement when they accepted an indeterminate appointment to a position in the public service without first notifying the Public Service Commission before the end of the prescribed 3-year period. The indeterminate appointment has been revoked.

Facts:

The Public Service Commission conducted an investigation and concluded that a public servant had committed fraud in an internal advertised appointment process. Corrective actions were ordered, including a notification requirement for a period of 3 years.

The notification requirement requires the public servant to inform the Public Service Commission before accepting any position or employment in the federal public service, and failure to do so will result in the revocation of their appointment. Once notified of the possible employment opportunity, the Public Service Commission communicates with the prospective sub-delegated manager to provide information on the investigation. This information allows them to consider all relevant information about the candidate so they can make an informed decision before proceeding with the staffing action. 

Before the Public Service Commission made its decision on the investigation, the public servant had the opportunity to comment on the investigation report, the proposed corrective actions and the consequences of not complying, which included the revocation of their appointment for not complying with the notification requirement. The public servant confirmed their intention to comply with the corrective actions ordered.

In monitoring the corrective actions, the Public Service Commission found that the public servant appeared to have accepted employment in the public service without notifying them. The Public Service Commission contacted the public servant to verify their employment status, and they confirmed that they had indeed accepted an indeterminate appointment.

The indeterminate appointment was revoked because the public servant failed to comply with the notification requirement.

Corrective action:

Due to the failure to comply with the notification requirement that was ordered as corrective action following a founded investigation for fraud, the Commission:

• revoked the public servant’s indeterminate appointment

Investigation File Number: 22-23-12