A ministry employee in a “designated senior position” received an offer of employment from an organization that he dealt with in his ministry role and which received ministry funding. The employee was eligible to retire, had left the workplace, and wished to accept the employment and commence the external employment while on salary continuance (active on payroll).
The ministry obtained legal advice that while on salary continuance, employees remain subject to the in-service conflict-of-interest rules, but are considered on a leave of absence and therefore the restriction on external full-time employment does not apply. However, the deputy minister was concerned about the perception that the employee might use or disclose confidential information while working for the organization (contrary to Sections 5(1) and 5(2) of the regulation) and that the employee might be involved in decision-making on behalf of the organization that could conflict with the interests of the Crown (contrary to section 9(3)) of the regulation.
The deputy minister determined that acceptance of the employment offer while actively employed created a potential conflict of interest, but permitted the activity after reassigning any work involving the external organization to another manager. The deputy provided direction to the employee regarding sharing of confidential information and the need to abstain from any discussions involving ministry funding. As well, the deputy advised the employee to obtain a post-service conflict-of-interest determination from the Public Service Commission before accepting the offer of employment.
O. Reg. 381/07, s. 5 & 9.