Common-law unions and the public service

Published: Sunday | December 13, 2009


Aldrane Genius, Contributor

The public sector in Jamaica over the years has evolved to include changes in size, structure, procedures and indeed, the composition of its members. Gone are the days when it was taboo for married couples to be employed in the same public-sector organisation, department or unit. Nowadays, however, that strict prohibition has waned and it appears that the practice has become more acceptable in ministries, statutory organisations and executive agencies.

An examination of the Staff Orders for the Public Service (2004) - the handbook that establishes parameters for behaviour, performance and sanctions for misconduct of civil servants, reveals that the practice of public-sector employees engaging in marital or common-law unions with other employees within the same ministry is not addressed.

written guidelines

The absence of some written guidelines that would dictate the extent to which this practice can be carried out in the public service, especially among employees working in the same department or unit, is a situation that the relevant persons need to evaluate, with a view to having this scenario documented in a revised version of the Staff Orders.

It is observed though, that in the handbook of some executive agencies and statutory organisations, the practice of marital unions between employees is actually documented. These organisations are not bound by the Public Service Staff Orders, but in fact, have their own staff manual and guidelines for their employees.

One of the primary issues highlighted in the staff manual of a well-known statutory organisation, for example, is the fact that employees in a marital union or those in child-bearing relationships with other employees are strictly prohibited from working in the same department. No clear indication is given, however, whether two employees involved in a common-law relationship, are allowed to work in the same department. The deficiency, therefore, of a rule that stipulates how common-law unions are treated in this particular organisation should also be addressed.

In a telephone interview with a director in the Ministry of Finance and the Public Service, it was revealed that there was no real reason why the practice of civil servants engaging in marital or common-law unions with other employees within the same ministry was not addressed in the Staff Orders. The director, however, indicated that it was an unwritten rule that employees employed in the various ministries, who are married to or involved in a common-law union with other employees, should not be permitted to work in the same department or unit, especially in sensitive areas such as accounts.

It was also pointed out that in the case of common-law unions, it was difficult to monitor the practice and ensure compliance because of the difficulty in detecting such a union, especially when the couple involved is not truthful or forthcoming with information about the status of the relationship.

Despite the absence of some written rules to guide this practice, it is indeed encouraging to know that in the public service, employees who are married to or are involved in a common-law union with other employees are strictly prohibited from working in the same department or unit.

employee restriction

The extent, however, of the restriction of employees involved in a common-law union and who work in the same department seems to be dependent on the organisation, as it is recognised that not all public-sector companies prohibit employees in such a union from working in the same department.

It would appear that in one particular statutory organisation, there are employees who work in the same department and who are involved in a common-law relationship with each other. These two employees, it is alleged, both occupy supervisory-level positions.

It is necessary that we recognise that having two employees working in the same department, who are involved in a relationship whether marital or common-law, is highly unethical and does not augur well for professionalism. In our Jamaican parlance, "it just nuh look good". It is an even greater cause for concern when both employees work in sensitive areas or occupy supervisory or managerial positions where an opportunity for collusion can easily present itself, or the situation may create unease among other members of staff.

In a case where the common-law union is undetectable, it is indeed up to the conscience of the employees involved to declare the status of their relationship to the relevant authorities. Failure to do this will result in an untenable situation and the loss of the moral authority to lead other employees and certainly, to work in the service of the public.

Westminster style

The general consensus in countries that practise the Westminster style of democracy is that the public service is a very dynamic sector that requires personnel of the highest integrity and moral standing to perform complex functions, work in sensitive areas, and provide services of the highest quality to the members of the public. The extent to which this obtains in reality here in Jamaica has been brought into question too many times, because in some cases, the proper systems and guidelines were not established and/or maintained.

It is, therefore, the prerogative of the general public who interacts and does business with the various public-sector agencies and indeed, public-sector management practitioners to hold the public service to a high moral and professional standard and to advocate that these standards are maintained at all times, even in situations that may be deemed trivial.

Aldrane E. Genius is a postgraduate student in the Department of Government, UWI, Mona. E-mail: aldrane.genius@gmail.com or columns@gleanerjm.com.

 
 
 
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