Where the boundaries lie in workplace relationships
The fact is that romance will kindle at work, but there are things employers and employees can and should do to manage these situations. www.shutterstock.com
Paul Harpur, The University of Queensland
In recent weeks two prominent news stories have highlighted workplace romances blowing up into costly public scandals. The romantic relationship between CEO of Seven West Media, Tim Worner, and former executive assistant Amber Harrison, sparked an ugly legal brawl and left in its wake claims of bullying, breaches of contract and confidentiality and a corporate giant using its might to protect its own. More recently, two male AFL executives were publicly shamed and resigned after affairs with lower-ranked female staff.
The tone of the coverage of both cases suggests that sexual relationships between colleagues are an aberration. But the opposite is true: workplaces are where many relationships begin. According to Relationships Australia, in the 35 to 50 age group, 40% of people met their partner at work.
The gap between this reality and our public attitudes to workplace relationships reflects a high level of anxiety and confusion about the boundary between work and personal matters. The fact is that romance will kindle at work, but there are things employers and employees can and should do to manage these situations.
The laws around workplace relationships
Employers’ right to regulate their employees’ out of work conduct remains a contested legal question. However, one thing is clear: it depends a lot on where the relationship takes place.
One example is the case Keenan versus Leighton Boral Amey Joint Venture, brought to the Fair Work Commission in 2015. The commission found the employee, who engaged in “aberrant” behaviour, was unfairly dismissed, as some of the more serious incidents in question occurred beyond the temporal and physical boundaries of the workplace.
If the conduct had occurred in a work setting, the employer would have been vicariously liable for employee behaviour that breached sexual harassment policies. A key factor in this case was that the employer directed employees to follow their policies at the work function. So the employees decided to leave the venue altogether and continue drinking, outside of what was deemed to be the workplace.
Employers can’t expect to assert the right to take action against employees who they think have misbehaved, if they don’t set out rules on employee conduct in the first place. This is the reason workplaces have clear policies on relationships.
A good example of this can be found in the relevant part of the Australian Public Service Commission values and code of conduct. This outlines examples of acceptable workplace behaviour as well as defining what is “related to work” and laying out the responsibilities of employers and employees.
If employers don’t have these policies, potential conflict of interest can arise. For example, if two workers are in a romantic relationship and one is performance appraising or deciding on the promotion of the other, then there is a clear case of perceived bias. This can result in inaccurate assessments and can result in other workers feeling aggrieved.
A sticking point in work policies on relationships is the consequences for non-compliance. It’s not legally set in stone whether an employer can dismiss an employee for failing to disclose a relationship with a colleague – but if the employee is dishonest when challenged about it, it could be grounds for dismissal.
In the Fair Work Commission case Mihalopoulos versus Westpac Banking Corporation, the employer’s policy required employees to disclose romantic relationships between employees. When the employee in question was asked by the employer about the relationship, he lied.
The Fair Work Commission found that the employee’s failure to disclose the relationship, especially when combined with his dishonesty in lying to his manager about the affair on two separate occasions, constituted a valid reason for the applicant’s dismissal.
So the best approach for employees considering a relationship with a colleague is to separate the romantic advance from the workplace. Conduct that would be considered lawful outside the workplace can actually be subject a variety of laws if it occurs in a work setting.
Paul Harpur, Senior Lecturer, TC Beirne School of Law, The University of Queensland
This article was originally published on The Conversation. Read the original article.
Jobs Just For You, The HR Professional
Our weekly or daily email bulletins are guaranteed to contain only fresh employment opportunities
Latest Jobs
APS4 - APS6 Recruitment Advisors
Australian Capital Territory
P&C Advisor
Victoria
HR Business Partner - ER
New South Wales
VPS5 Senior People Partner
Victoria
VPS5 Senior TA Partner - Contract
Victoria
RD Writer - Contract
New South Wales
VPS4 HR Business Partner - Contract
Victoria
Rostering Officer - Contract
New South Wales
Workplace Relations Advisor
New South Wales
HR Advisor
Western Australia
A06 HR Business Partner - Contract
Queensland
Employee Relations Manager
New South Wales
HR Business Partner - Contract
Western Australia
HR Manager (Part-Time) - Permanent
Victoria
Internal Recruitment Advisor - Contract
Queensland
Senior HR Generalist - Contract
Queensland
HR Administrator - Contract
Queensland
HR Advisor
Queensland
HR Manager
Victoria
RTW Coordinator
New South Wales
Benefits & HR Administrator - Contract
New South Wales
Workforce Rostering Coordinator
New South Wales
HR Advisor
Queensland
HR Business Partner - 2 year fixed term
New South Wales
High Volume Recruiter - Contract
Western Australia
Quality & Safety Advisor
Queensland
A05 Instructional Designer - Contract
Queensland
People & Culture Manager
Tasmania
IR Specialist - Contract
Victoria
Head of HR (flexible, 4 day week)
Victoria
L&D Practitioner
Victoria
Strategic HR Business Partner
Victoria
HR Advisor
Western Australia
Employee Relations Specialist
Western Australia
Senior HR Advisor
Queensland
Junior P&C Business Partner - Contract - FT or PT
New South Wales
Talent Acquisition Manager
New South Wales
HR Admin - Contract
Victoria
APS6 Claims Management Group, Bulk Round
Australian Capital Territory
Employee Relations Specialist
New South Wales
HR Admin/HR Coordinator
Victoria
APS6 Claims Management Group, Bulk Round
Victoria
APS5 Claims Management Group, Bulk Round
Victoria
APS5 Claims Management Group, Bulk Round
Australian Capital Territory
Workforce Planning Senior Analyst
New South Wales
HRIS Analyst
Western Australia
Human Resource Manager
Australian Capital Territory
HR Advisor - Contract
New South Wales
HSEQ Advisor
New South Wales
Senior HSE Advisor - Contract
New South Wales
L&D Adviser - Contract
New South Wales
WHS Manager
Western Australia
HR Business Partner
Queensland
HR Business Partner
New South Wales
VPS4 P&C Business Partner - Contract
Victoria
People and Culture Advisor - Contract
Queensland
HR Manager
New South Wales
Injury Recovery Consultant
Victoria
Operations Officer (focus on HR activities)
New South Wales
HR Business Partner - Contract
New South Wales
Senior H&S Advisor
Queensland
Senior HR Business Partner - Contract
Victoria
A04 HR Officer - Contract
Queensland
A05 HR Advisor - Contract
Queensland
HR Officer - Contract
New South Wales
HR Admin - PT Contract
Victoria
OHS Compliance Advisor (VPS5 Specialist)
Victoria
L&D Coordinator - PT Contract
New South Wales
APS6 Senior L&D Advisor - Contract
Queensland
HSE Supervisor
Tasmania
6 Month HR Project Role - Contract
Tasmania
(Senior) HR Advisor (HRBP Level)
New South Wales
HR & Talent Coordinator / Advisor
Queensland