John Tory and Consent in the Workplace: Toronto Star interview with employment lawyer

Toronto mayor John Tory’s recent resignation and the reason behind it have led many to question the complexities of a workplace relationship. Can employees engage in workplace relationships without facing legal consequences? How should employers conduct themselves with their subordinates?

Jon Pinkus, a Toronto employment lawyer and Partner at Samfiru Tumarkin LLP offered commentary and essential insight on the situation with the Toronto Star’s Nicholas Keung.

Pinkus states that it is crucial to consider the hierarchy in a workplace relationship. “If someone has the power to impact your livelihood, can it really be said that you are in that relationship or staying in that relationship consensually,” Pinkus asks.

“The superior would be seen as the individual with authority, with power. It’s not a hard and fast rule, but that’s where there is a danger that it could be seen as a non-consensual relationship, thereby the subordinate is not consenting to it,” Pinkus states.

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Pinkus goes on to explore the consequences for employees engaged in a consensual relationship and the possible repercussions on severance.

“I really struggle to think of a situation in which an employer could allege just cause on the basis of two employees, either in different departments or in basically the same or relatively the same hierarchal level, where they’re not in a direct reporting relationship, asserting cause for dismissal,” Pinkus states.

Pinkus explains that ultimately employers are still within their rights to terminate employees without cause. “That does not mean that the employer cannot fire them, particularly, for example, if they have a policy where they don’t permit that. But establishing cause in that circumstance where there isn’t that direct reporting relationship is going to be much more difficult.”