Whether it be a tool to escalate the
career ladder, a romantic liaison, an extra-marital affair, or a serious and
genuine relationship, office romances are a veritable minefield of potential
disasters for employers.
The old adage, “prevention is better
than a cure”, is entirely inapplicable to office dalliances. In fact, any
attempt to prevent romance in the workplace would ignite flames, rather than
smother them, in an otherwise sterile environment. Since any attempt to
prohibit office romance is an exercise in futility, employers should make every
effort, instead, to regulate it.
Employers bear the burden of
governing their employees’ conduct to ensure a harassment free environment. In
an era where there is no apparent separation between “work” and “lifestyle”,
especially for successful professionals, this is no simple task.
To avoid embarrassing harassment
claims, employers can implement policies outlining a code of conduct and
sanctions for breaching this policy.
Demonstrating a no-tolerance approach to harassment through disciplinary
sanctions ranging from suspension without pay, up to and including termination,
is an effective deterrent.
Including a fair and confidential
mechanism for employees to report harassment in the workplace, without feeling
unsafe, followed by a thorough investigation into the complaint is fundamental
to this process.
Many employers may wonder what
constitutes harassment in the workplace, when it comes to intimate
relationships between consenting adults who work together? Canadian courts have
addressed this issue and in light of the obvious power disparity between
Executives and their subordinates, or supervisors and those that report to
them, “consent” is nebulous. For this reason, courts are increasingly
intolerant of Executives and/or supervisors who engage in romantic trysts with
their subordinates and even more intolerant of the companies that condones this
practice.
Employers need a mechanism to govern
employee relationships in order to protect the company’s interests. Company
interests include ensuring productivity and avoiding conflicts of
interest. As sparks fly between cubicle
mates, employees become inattentive to their work, focusing more on their
romantic liaison. Or worse, become
disruptive when relationships go awry, as they often do. Employers should implement and distribute a
policy regulating office romance, mandating that office romances should not
interfere with the working environment or productivity.
Office romances effect employees who
are not directly involved in the affair.
The phrase, “Nobody likes a happy couple” has never been more true than
in the employment context. Office
romances can elicit paranoia and jealousy from coworkers who are quick to
allege nepotism. Employers have a duty
to investigate these allegations as such conduct constitutes a form of
harassment. By conducting a thorough
investigation and implementing corrective measures, employers can avoid a
publicized harassment claim.
Employers should do the following:
1.
Devise a comprehensive policy
regulating office romances in conjunction with a harassment policy and ensure
that all employees are made aware of the policy;
2.
Ensure the policy is clear that
intimate relationships between employees should not affect the working
environment or productivity;
3.
Prohibit intimate relationships
between those employees in a supervisory role and those who report directly to
them. Implement sanctions up to and
including termination for those employees who breach this provision;
4.
Mandate that all office
romances should be disclosed to Human Resources; and
5.
Investigate all claims of
harassment and enforce sanctions for breach of the policy.
scarvery@carverylaw.com
416.259.3244 (T)
www.carverylaw.com
