John Tory Resignation and Employment Law: CP24 Interviews Jon Pinkus

Interview Summary

Toronto Mayor John Tory is resigning after a relationship with a former office staffer was made public. The mayor admits to a major error in judgment despite the consensual nature of the relationship. What can employers and employees do to ensure all rights of staff are protected? Should all workplaces adopt policies regarding relationships?

Jon Pinkus, a Toronto employment lawyer and partner at Samfiru Tumarkin LLP, spoke to CP24 to address dating in the workplace and more on employee rights.

Interview Notes

• Ontario laws on workplace relationships: Legally, Toronto Mayor John Tory did not break any provincial laws as there are currently no laws prohibiting consensual relationships. It is often considered problematic if a superior and a subordinate engage in a relationship due to the inherent power imbalance.
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• Company policies on dating: Companies and employers are within their rights to implement their own policies regarding workplace relationships. Employers should consider the practicality of these policies and their possible impact on employee retention.
• Fired for not disclosing relationships: Employers are within their rights to terminate employees for any reason as long as adequate severance is paid. In the event that an employee has been dishonest, and perhaps hidden a workplace relationship, there is a possibility of a “for cause” termination.
• Obligation to inform the public: There was no legal requirement for mayor John Tory to disclose his relationship with the former staffer.
• Setting a precedent for employers and employees: This situation does not appear to set any legal precedents as it was a completely voluntary resignation and disclosure. This situation does appear to illustrate the change in climate and prominent figures’ relationships with subordinates.