Why office romance can be such a tricky business

Office romance can be a tricky business. Whether it’s because of human nature, bad timing or just bad luck, the legal fallout from dating at work is back in the news, making headlines as corporate executives and government officials continue to roll the dice, losing or leaving their jobs because of a workplace relationship gone awry.
But office romances between consenting colleagues are not illegal, and there are no statutes or laws against dating anyone at work. So why is there a profound fear of legal liability, and when do employers and the courts have a right to intervene?

Office romance is a tricky business

Employees cannot escape liability because the actions giving rise to a complaint have occurred after working hours or away from the workplace. Even a tenuous connection to work is enough for an employer to intervene.

Misuse of the internet at work

The workplace no longer has traditional borders. Employees now correspond through instant messages, through Facebook and via e-mail. Seldom do they do so exclusively for business purposes. Others, who are bored, unmotivated or underworked, surf the internet for much of their workdays, managing their sports pools, blogging about coworkers, reading the news or dating on-line. Employers have good reason for concern. Lost productivity and potential liability for the actions of their employees have caused most organizations to revisit their computer use policies – or create new ones altogether.

Human rights claims no longer garden variety

Canadian employers have historically taken an ignorant view of human rights tribunals and their often remarkable decisions.  But that may be about to change. Because of sweeping changes to human rights legislation and left-leaning adjudicators directed to interpret remedial legislation, such as employment standards and human rights laws, in a broad and inclusive manner, employers should not be so unconcerned.

Internet misuse at work

With positive performance reviews and regular salary increases, 14-year company veteran Gregory Backman had nowhere to go but up. But life can be lonely at the top. Having admitted to viewing pornography on his workplace computer, Backman was immediately fired. He wasn’t about to go easily. Supervising employees at the Saint John, New Brunswick premises of Maritime Paper Products Ltd., Backman had run into problems with Internet pornography before.  He had been caught viewing inappropriate websites in 2002 and 2005. When a computer audit revealed that Backman had been surfing pornographic web sites for more than 10 hours in October 2006, Maritime Paper’s response was swift. Backman was shown the door.