Workplace Relationships: Allegations Against Liberal MP Tan

Workplace Relationships

GTA Liberal MP Geng Tan has been accused of having an extra-marital affair with a woman he had hired to work as a constituency assistant, and of being the father of the woman’s child. The woman, Ying (Stella) Yu was allegedly fired without cause (and proper severance pay) by Mr. Tan’s wife after she became aware of the affair. Mr. Tan has also allegedly failed to pay any child support for his daughter.

Beyond the salacious allegations, this story is a cautionary tale for both employers and employees regarding workplace romances and the devastating effects they can have.

Workplace Relationships: Policies and Wal-Mart

Many employers now have policies in place forbidding workplace romance. This is sound practice. Given the power imbalance between supervisors and those who report to them, and given that many instances of sexual harassment occur in the workplace, it is wise to draw a bright line forbidding any romantic involvement between co-workers who have met at work.

An equally salacious workplace-romance scandal shook the advertising world a decade ago when it was revealed that a VP of marketing at Wal-Mart had had an extra-marital affair with a member of her staff. Wal-Mart relied on its policy, which forbade workplace romances, to terminate Julie Roehm’s employment for cause (In Canada, a for cause termination results in the loss of employment without severance pay). The policy read:

“It is against Company policy for a Supervisor to become romantically involved with an Associate he or she supervises or with an Associate whose terms and conditions of employment he or she may have the ability to influence… Associates who violate this policy will be subject to immediate termination.”

It is important that employers and employees alike strive to keep workplace relationships professional. As noted above, relationships between supervisors and their staff risk undermining the employer’s ability to effectively manage its staff. Intimate office relationships can result in improper decisions being made where employee discipline and rewards (promotions, extra time off, etc.) are concerned.

Employees may find themselves in a difficult situation when they are involved in a workplace romance. Relations may be so strained at the end of the relationship that one or both parties may have to leave the workplace. Alternatively, one party may be harassing the other, which would require that an investigation take place. Discipline may follow. If an employer fails to properly investigate the harassment, this may lead to a claim of constructive dismissal due to a poisoned work environment.

Best Practices to Consider Regarding Workplace Romances

For Employers

1. Have a clear policy about workplace relationships, and make sure that employees are aware of it. It should be shared with new hires during their on-boarding process and the employee should be made to sign a declaration that they have read the policy. An employment lawyer at Samfiru Tumarkin LLP can assist you with the drafting of proper workplace policy;
2. Also make sure that you have a vigorous investigation mechanism in place to investigate complaints of workplace sexual harassment. This is required by the OHSA in Ontario and the OHS in British Columbia; and
3. Enforce the policy consistently.

For Employees

1. Many workplace policies on sexual harassment require you to make an “official” complaint in writing if you are the victim of sexual harassment. If you wish to make a complaint, speak to HR and ask about the process going forward. Often, describing the events in writing through an email to HR or your manager will be enough to have the employer begin an investigation;
2. Consent must be obtained at each new step of a romantic engagement, and can be revoked at any time. The fact that you previously consented to a romantic relationship with a co-worker does not mean that future advances will not be viewed as sexual harassment;
3. If you feel that the employer is not doing enough to protect you from your harasser, do not hesitate to call an employment lawyer at Samfiru Tumarkin LLP or the police.