Toronto Mayor John Tory Resigning: Are Workplace Relationships Legal?

John Tory is resigning as mayor of Toronto after a Toronto Star report revealed that the third-term politician had a months-long relationship with a former member of his staff during the COVID-19 pandemic.

Multiple news outlets claim that the 68-year-old submitted his resignation letter to the city clerk on Feb. 15. Tory is set to step down at 5 p.m. on Feb. 17.

WATCH: Employment lawyer Jon Pinkus spoke to CTV News about Tory’s resignation and the possible repercussions of workplace relationships.

The formal resignation comes a few days after Tory held a news conference to address the situation.

On Feb. 10, the outgoing mayor told reporters:

• “I did not meet the standards to which I hold myself as mayor and as a family man.”
• “I recognize that permitting this relationship to develop was a serious error in judgement on my part.”
• “While I deeply regret having to step away from a job that I love, in a city that I love even more… it is best to commit myself to the work that is required to repair these most important relationships.”

Tory has asked the City of Toronto’s integrity commissioner to look into the relationship.

He added that he will work with various members of the City’s administration, including the city manager, city clerk and deputy mayor, to ensure an organized transition.

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Is it illegal to have a romantic relationship with my boss?

News that Tory engaged in an allegedly consensual relationship with a staffer has raised questions about whether it’s legal for a boss to have a romantic relationship with their employees.

There are no laws in Ontario (or Canada) that prevent consensual workplace romance between a boss and an employee. 

It’s legal for consenting co-workers to date or engage in intimate relations with one another.

While political settings are a workplace like any other, there could be even more emphasis placed on the importance of maintaining a balance of power among all staff.

While there are no laws in the country prohibiting relationships between employees, it’s generally not a good idea for a superior to date a subordinate that they have power over.

The fact that there is a power imbalance between a boss and an employee means that it’s unlikely that a relationship can be completely voluntary.

WATCH: Employment Lawyer Alex Lucifero spoke to CTV News about Ottawa city council’s policy on workplace relationships.

Can companies ban workplace relationships?

The short answer is yes. Employers can choose to ban staff from forming romantic relationships with co-workers in an effort to protect themselves from legal liabilities.

However, this approach is considered outdated and potentially harmful to the company for two reasons:

• The business may lose talented employees who are forced to choose between their job and their workplace relationship
• Employees may not report non-consensual relationships out of fear that they could lose their job

Instead of banning office dating, a better solution for employers is to implement workplace dating policies that address intimate relationships between superiors and subordinates — or those that could cause conflicts of interest.

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Is there a policy about relationships between the mayor and staff?

Toronto city council’s Code of Conduct doesn’t speak to romantic relationships between members of council — including the mayor — and their staff.

The Code claims that “members should perform their duties and arrange their private affairs in a manner that promotes public confidence and bears close public scrutiny.”

In general, a company’s dating policy can:

• Include rules about workplace relationships (i.e. what constitutes “inappropriate” behaviour, such as no public displays of affections or favouritism)
• Require employees to report workplace relationships to HR with written confirmation that it’s consensual
• Explain how the policy will be enforced if it’s breached, including disciplinary action and dismissal (which should only be reserved for very serious circumstances)

Dating policies don’t have to apply to employees only. They can also cover contractors, vendors, and suppliers to prevent potential conflicts of interest.

While companies in Canada aren’t required to have a policy on office relationships, they are legally obligated to make sure that the workplace is free of discrimination and harassment.

Human rights legislation at the federal and provincial level does cover a variety of situations, including unwanted sexual advances by someone in a position of power towards a subordinate.

Can I be fired for dating a co-worker?

Non-unionized employees in Canada can be fired for having a romantic relationship with a co-worker.

This would be considered a termination without cause. The laid off worker would be entitled to a full severance package, which can be as much as 24 month’s pay, depending on various factors.

However, employers should be careful about dismissing a staff member over a workplace relationship.

Instead, companies can:

• Take less dramatic measures like a written warning or paid suspension
• Find accommodations that work for everyone involved, which could include separating the employees while at the office so they don’t directly work under one another

It’s very unlikely that a company can fire someone “for cause” – or without severance pay – if their workplace relationship is in breach of policy.

This type of dismissal is reserved for the worst kinds of workplace offences, such as serious insubordination, theft or assault.

If the consensual relationship is a serious conflict of interest, and it’s damaging the employer’s business interests or reputation, then the company might have grounds to terminate a worker for cause.

Talk to an employment lawyer

If you are a non-unionized employee who has been disciplined or fired over a workplace relationship, or an employer who is uncertain about the legal implications of an office romance, contact the experienced employment law team at Samfiru Tumarkin LLP.

Our employment lawyers in Ontario, Alberta and B.C. can review your situation, inform you of your rights, and help you secure the compensation you are legally entitled to.