Reprisal Investigations
The investigations conducted under the Public Servants Disclosure Protection Act (PSDPA) are administrative in nature. A decision whether to refer a reprisal complaint to the Tribunal is made, according to the PSDPA, on the basis of whether there are “reasonable grounds for believing a reprisal was taken”.
The rights to procedural fairness and natural justice of all persons involved in investigations are respected throughout the investigation process. This means that any person adversely affected by the allegations will be informed of the details of the allegations in due course and will have a full and ample opportunity to respond to them, either orally or in writing, or both, throughout the process.
As required by the Privacy Act and the Access to Information Act, the Commissioner must refuse to disclose any personal information that was obtained or created by her or obtained or created by the Office’s investigators in the course of an investigation. As required by the PSDPA, the Commissioner and the Office’s investigators shall not disclose any information that comes to their knowledge in the performance of their duties, unless otherwise required by law.
The Commissioner will launch an investigation when there are sufficient grounds to believe that reprisal has occurred, after a thorough analysis of all the relevant information related to the reprisal complaint.
Whether or not the Commissioner decides to pursue an investigation into the allegations, the reprisal complainant is notified in writing of the reasons for this decision.
What will happen after I make a reprisal complaint?
Your complaint will be reviewed to determine if an investigation is warranted. The Commissioner will notify you in writing of her decision to proceed or not with an investigation, as well as the reasons for her conclusion. The Commissioner must make a decision whether to investigate a reprisal complaint within 15 days after receiving the complaint and any necessary supporting information.
If the Commissioner decidesto investigate, we will advise the chief executive of the organization involved.We will also advise persons against whom allegations have been made.
As the complainant you will be asked to participate as a witness during the course of the investigation.
At the end of an investigation, you will be notified of the Commissioner’s findings.
What happens following an investigation into a reprisal complaint?
Reprisal investigations can be resolved in a number of ways.
During the course of the investigation, the investigator can recommend that the parties use a conciliation process to come to an agreement on resolving the complaint. If an agreement is reached, the file is closed.
Cases that do not proceed to conciliation, or cannot be conciliated successfully will continue under investigation.
At the conclusion of the investigation, the Commissioner will decide whether to refer the complaint to the Public Servants Disclosure Protection Tribunal, on the basis of whether there are “reasonable grounds for believing a reprisal was taken”.
The Commissioner does not make a determination that reprisal occurred. The Tribunal will make this determination, and award remedies or damages. Many cases that have proceeded to the Tribunal have been resolved through mediation.
Allegations of reprisal have been made against me. What are my rights?
The Office is committed to ensuring that the principles of natural justice and procedural fairness are applied to all persons involved.
If you are alleged to have committed reprisal, you will be informed of the substance of the allegations. You will be given full and ample opportunity to answer any allegation. You have the right to be assisted or represented by any person of your choice, including counsel.