On Thursday, July 17, a video of two people swaying romantically at Coldplay’s Boston concert went viral, but not for the reason you think. Once the couple realized they were on the big screen, they immediately took cover and attempted to hide their faces. Why, you may ask? Unbeknownst to the innocent camera crew at Coldplay, they just exposed an alleged affair between a CEO and his head of human resources. 

The male, Andy Byron, was the CEO and on the Board of Directors for Astronomer. The woman, Kristin Cabot, is the company’s Chief People Officer.  Following the video, the Board of Directors launched an investigation into the relationship. The CEO has since resigned. 

It begs the question: Is it legal to have a workplace affair? More specifically, is an affair or a romantic relationship with a subordinate (even if consensual) grounds for discipline or termination in Canada?

In Canada, workplace affairs—romantic or sexual relationships between employees— are not explicitly illegal. While the morality of an affair is a separate topic, a workplace affair certainly has employment law and human rights implications. 

For example, pursuant to Ontario’s Occupational Health and Safety Act (the “OHSA”), employers have the right to regulate workplace conduct to promote a safe work environment. Affairs can potentially breach workplace policies or lead to claims of harassment or discrimination. The OHSA requires employers to take steps to prevent workplace harassment and violence. If an affair contributes to a toxic, hostile environment, employers must intervene. All provinces have similar health and safety legislation. 

Where a relationship occurs between a manager and a subordinate, it may also raise concerns about favouritism, abuse of power, or coercion. Even if the relationship is consensual, there may be a perception that one party was pressured into it, particularly if the other has significant control over their work conditions, salary, or promotions. Employers need to be wary of this information coming to light if the subordinate ever sues for wrongful dismissal. It would create significant reputational damage to the company, which in turn, can result in financial losses.

Workplace relationships can also lead to issues under the applicable provincial human rights legislation. If a relationship ends poorly and one party continues unwanted contact, the situation can evolve into sexual harassment or workplace violence. As employers have a legal duty to maintain a safe and respectful workplace, failing to address these situations can expose them to liability.

Most companies will have workplace policies that address romantic relationships for these reasons. These policies typically do not ban such relationships, but may require disclosure. If an employee does not disclose the relationship or is dishonest about it, it could lead to their termination. Courts in Canada have generally upheld an employer’s right to discipline or terminate employees when an employee is dishonest, breaches their fiduciary duties, causes workplace disruption, or breaches a conflict of interest policy.

Employers are within their rights to implement policies and ask for disclosure to manage these relationships. Employees should be aware of the potential consequences, especially in situations involving power imbalances or non-disclosure. Navigating such relationships with transparency and professionalism is crucial to avoiding legal complications and maintaining a respectful, safe work environment.

If you have any concerns about a workplace relationship or your workplace policies, contact an employment lawyer at Workly Law today!

 

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