Employment lawyer talks employee rights in GMA hosts scandal

Interview Notes

Good Morning America hosts TJ Holmes and Amy Robach were taken off the air due to an alleged affair. This situation has called into question what possible consequences can occur as a result of employees’ private lives. Can employees’ personal decisions affect their jobs? Do employee entitlements change if let go due to a public scandal?

Fiona Martyn, a Toronto employment lawyer and Associate at Samfiru Tumarkin LLP spoke with Jim Richards on Newstalk Tonight to answer these questions and more on employee rights.

Interview Notes

• Disclosing workplace relationships to an employer: There is technically no legislation in Ontario that prohibits office relationships between consenting colleagues. Issues usually arise with workplace relationships if there is an imbalance of power between employees or potential harassment and misconduct. In the case of GMA, there could be questions regarding a conflict of interest and a potential effect on the employer’s brand and business.
• Potential morality clause in an employment contract: Some employment contracts and workplace policies do prohibit workplace relationships. These policies are often ineffective and encourage employees not to come forward if they are engaged in an office relationship.
  • Learn more about workplace relationships
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    Dating in the workplace
• Advice for GMA hosts and other employees in relationships: It is important for employees to be open and honest with management regarding their relationship and disclose information as soon as possible. Employees that are dishonest and deceitful with their employers risk potential legal consequences in the future.
• Terminations and disciplinary action as a result of the relationship: Employers are within their rights to impose any necessary disciplinary action or terminations in this situation. In Ontario, termination as a result of this type of situation would still be obliged to pay adequate severance. It would be very difficult for employers in Ontario to terminate employees for cause as proof of significant misconduct would have to be proven.