Dating Coworkers and John Tory Resignation: CTV interviews Jon Pinkus

Interview Summary

The mayor of Toronto, John Tory, has resigned after admitting to an affair with a former employee. Can employees legally date in the office? Should employers enforce workplace relationship policies to avoid future liabilities?

Jon Pinkus, a Toronto employment lawyer and Partner at Samfiru Tumarkin LLP spoke to CTV News on the possible repercussions for employers and employees engaged in office relationships.

Interview Notes

• The legality of employer and employee relationships: There is nothing inherently illegal about a boss and a subordinate being in a relationship. The problem becomes where there are implications that the relationship is not fully consensual. Non-consensual relationships or situations in which there is harassment can lead to termination.
• The power imbalance in the relationship: The existence of a power imbalance between an employer and employee may make it more difficult for an employee to refuse a romantic relationship with someone at work, or tell others if it isn’t consensual.
• Fired due to office romance: An employer is permitted to fire an employee for having a relationship with a coworker, or for any reason as long as it is a termination without cause. The terminated employee would likely be owed a full severance package.
• Policy on workplace relationships: Employers can and should create a policy that requires employees to disclose workplace relationships or dating between coworkers.
• City of Toronto policy: All public sectors will have their own policies and procedures. The City of Toronto does not appear to have a part of its Code of Conduct that addresses romantic relationships at work.
• Consequences for employees caught in a relationship: Even though some businesses do not have clear policies on workplace dating, John Tory’s resignation is an example of how seriously the situation is taken in a post “me too” era.