Employment Law

Lior Samfiru with the Canadian Press on workplace relationship policies

Mayor John Tory’s recent resignation as a result of an office affair has called into question the need for workplace policies. Should employers require employees to disclose relationships? Will policies prevent workplace harassment and possible power imbalances?

Lior Samfiru, a Toronto employment lawyer and co-founding Partner at Samfiru Tumarkin LLP spoke to the Canadian Press regarding the situation and the need for new policies.

“There are no laws in Canada against workplace relationships, so it comes down to company policies to set ground rules,” Samfiru states.

Samfiru goes on to explain that the only real concern with workplace romances remains a possible abuse of power and non-consensual relationships.

“Because can a relationship truly be consensual, ever, if there’s that imbalance in power?” says Samfiru. “Really all it would take is for the person, the subordinate to say that was not consensual, even though it may have gone on for a while, but all that person will have to say is that it’s not been consensual, and that’s it. There would be complete liability under human rights laws for the manager, which is why a relationship like that is so problematic and risky.”

Ultimately Samfiru reiterates the importance for the public sector to take a look at their approach to this issue, as many municipalities have opted to implement policies in the past few years.

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