Vernon’s petition to prevent re-hiring of firefighter goes up in flames

Consensual encounter in workplace sparked two-year legal battle

In March 2018, a Department Captain for the City of Vernon Fire Rescue Services encountered a different type of fire. After engaging in a consensual sexual encounter with a female dispatcher in an office at their firehall, the incident was discovered by City managers when cameras installed for safety purposes caught the pair during a rendezvous. Shortly after, the City fired the two individuals for cause, saying they had been dishonest and their conduct made their employment relationships impossible to continue.

Union finds terminations were excessive

Firefighters are unionized employees however, and the decisions made by the City were required to be worked out in agreement with their union. After the union determined the firings were excessive, the City reluctantly scaled back the Captain’s termination for cause to a suspension and enrolled him in a performance improvement plan. The decision by the City to impose a just cause termination would have meant the Captain and dispatcher received no notice of termination, or pay in lieu of notice as severance.

City of Vernon unsuccessfully appeals decision

The City was not content with the union’s decision however, and sought to have it declared unreasonable through a petition to the British Columbia Supreme Court. In a judgement released on February 22, the court found that the union’s conclusion that the Captain and dispatcher remain in their positions was appropriately reached.

Non-unionized employees may wonder what they could expect if they are faced with a similar circumstance. Do consensual relationships between colleagues break down the trust required in an employment relationship and allow an employer to terminate non-unionized employees for cause?

Takeaway for Employees

Workplace relationships do not automatically trigger termination

Office relationships between consenting adults are not illegal, and there are not any laws that say employees cannot date one another. In most cases, these scenarios involving consenting adults will not rise to the level of what would allow an employer to terminate an employee for cause. However, employers may be able to establish just cause for dismissal when these relationships involve a power imbalance, and can show the conduct negatively affects their business or reputation.

Understand company policy before starting a relationship

Employees should be aware of and ensure they understand any policies their employer may have in place about dating in the workplace or preventing conflicts of interest. It is always a good idea to consult an employment lawyer or your employer’s HR representative to clear up any confusion.

Takeaway for Employers

Create policy governing relationships

If relationships within your workforce are something you would like to prevent or limit, it is a good starting point to create a policy that deals with these issues. It can be advantageous to have a policy preventing relationships between superiors/subordinates and any perceived or real conflicts of interest that could form as a result. Any policy should outline procedures for reporting relationships and what steps should be taken if a breach of the policy occurs.

Employers should also review and revise their policy on sexual harassment and ensure all complaints of this kind are investigated.

Consult a lawyer before terminating an employee

It is not a good idea for employers to terminate an employee for the sole reason they have engaged in a consensual inter-office relationship. Making a decision about termination before reviewing the situation with a lawyer could result in a claim for wrongful dismissal by the terminated employee.