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Last updated: June 2008
Frequently asked questions
Is it a conflict of interest to have an employee supervising a relative?
This scenario could be a conflict of interest and, if not, at least a perceived or potential conflict of interest. A conflict of interest in itself is not necessarily wrong or unethical, however identifying and managing the situation is essential.
In the first instance, it may be relatively easy to avoid a conflict of interest altogether. For example, it may be desirable for one party to move to another work area.
In certain situations, however, it may not be possible or practical to move one party to another area and therefore the situation would need to be managed carefully. This would include declaration of the conflict, consideration of how best to manage that situation and implementation of those management steps.
Examples of how the situation could be managed include:
- ensuring that one party is not directly supervising the other (that there are one or more people in the chain of command between them)
- ensuring that all internal stakeholders are informed of the situation and that steps have been taken to ensure that they are comfortable with the steps taken to manage it
- ensuring that those in the chain of command between the parties do not feel compromised in the performance of their supervisory duties
- This is something that could possibly be addressed through performance management processes.
Perceptions in the workplace will also need to be managed. This can be done by making it clear that there is a definitive and easily perceivable separation between the related persons whilst they are carrying out their roles and responsibilities.
Despite the sensitivities involved, it is also important that other staff feel able to raise with more senior managers any concerns about perceptions of conflict of interest resulting from family members working in the one area.
Approaching a conflict of interest situation from this perspective ensures that any real or potential conflict of interest is brought out into the open. It also takes into account that it would not be appropriate to deny an individual the opportunity of work in a particular area simply because their relative may work in that area, especially when the situation can be adequately managed with appropriate oversight and regular review.
REFERENCES:
Chapter 9 (Conflict of Interest) in APS Values and Code of Conduct in Practice – A Guide to Official Conduct for APS Employees and Agency Heads (2006)
