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LoginWithin employment law context, the discussion of that topic invariably turns to the effects of romantic liaisons on the workplace itself and the ongoing employments of the so-enamoured. Interestingly, the employment law results of romance in the workplace tend to change with the times. For instance, in a case from involving a fireman who was having an adulterous relationship with the wife of his neighbour and boasting about it in his workplace, the Ontario Court of Appeal ruled that when the employer dismissed the fireman for cause based on his adulterous relationship, that it was justified in doing so. The result of the case was that the fact of adultery itself gave the employer grounds for dismissal for cause. Oh, how times have changed! With the momentous changes we have seen in social mores since the s and the liberalization some may say elimination of those mores, one can expect a different legal result today from facts similar to those from the case. That decision was made on the basis that to succeed with a just cause defence in these circumstances, the employer must show that the conduct was prejudicial or likely to be prejudicial to the interest or reputation of the employer. The court concluded that the conduct of the philandering employee did not, in itself, justify dismissal for cause. In , the Ontario Court of Appeal the very same court as made the decision upheld the reasoning in the Ontario decision in a separate case. According to the facts of the case, an employee had affairs with two female employees while he was still married to another fellow employee, who also happened to be the daughter of his boss.
At some point in your working career, you may have witnessed or even been part of a workplace romance. Romantic affairs in the workplace are more common than you might imagine in Oregon. Employers have genuine reasons for worrying about dating among employees. Some of the risks involved include sexual harassment lawsuits that may arise. A boss asking his or her supporting staff out could open a plethora of problems.
Keeping HR professionals at the forefront of industry change. But what happens when love and romance enter the workplace? Workplace romance is widespread and so are the problems related to such relationships. While not all workplace romances end poorly, when they do, the results can be problematic for the employer. Sometimes, when a relationship ends, the legal claims may begin. Although employers bear a higher risk when workplace romance involves a supervisor and subordinate, courts consistently reject harassment claims involving consensual workplace relationships.
Employment can be described as a treaty between two parties or people, one being the employer and the other the employee. An employee can be defined as a person working, either part-time or full-time, under an agreement of employment, either oral or written and has acknowledged rights and responsibilities vested in him or her. A contract is an agreement between the two parties. It contains a set of promises for the breach of which the law provides a solution.
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