On February 10, 2023, John Tory resigned from his position as Toronto mayor after a Toronto Star report disclosed that the politician was engaged in a romantic relationship with a member of his staff. At a press conference later that day, Tory admitted to the relationship, calling it a “serious error in judgment.” Tory is 68 years old and has been married for over 40 years. The woman is 31 years old and was previously employed as an adviser in Tory’s office.
Toronto City Council’s Code of Conduct does not explicitly address romantic relationships between members of Council, including the mayor and their staff. In the preamble of the Code of Conduct, the Council includes the following principle: “Members should perform their duties and arrange their private affairs in a manner that promotes public confidence and bears close public scrutiny.”
There are also currently no laws prohibiting a consensual relationship between a boss and an employee in Ontario, or even Canada. As long as there is mutual consent, co-workers can date or engage intimately with each other. However, the main concern with workplace romances is the power imbalance present when a superior dates their subordinate, as seen in the case of John Tory. The power differential means that there could be an inherent lack of consent between the boss and the employee in the context of a romantic relationship.
Toronto employment lawyer, Lior Samfiru, claims that one reason why a romantic relationship between a boss and their subordinate can be complicated is because of the difficulty in establishing true consent. Samfiru claims that an absence of consent could be found at the employee’s simple contention that the relationship was non-consensual, thereby introducing “complete liability under human rights law for the manager.”
Because there are no laws that prevent or guide romantic relationships in the workplace, these policies often depend entirely on the company. Generally, a company’s dating policy can:
Set out rules about workplace relationships (e.g., define what comprises “inappropriate” behaviour in the workplace, such as favouritism or public displays of affection)
Require employees to disclose workplace relationships to the company’s Human Resources department with written confirmation of its consensual nature
Detail how the policy will be enforced if it is violated, including disciplinary action and possibly, dismissal
Although there are no laws necessitating a policy on office relationships, companies do have a legal obligation to ensure their workplace is free of discrimination and harassment. The Ontario Human Rights Code includes the right for a subordinate to be free from unwanted sexual advances from someone who is in a position with the power to confer any benefits.
The unequal power dynamic between a boss and an employee ultimately blurs the lines of consent and complicates the nature of the employment relationship. To answer the question: yes, you can date your boss – but you probably shouldn’t.
-AJ
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