Read The Times Australia

Daily Bulletin

Where the boundaries lie in workplace relationships

  • Written by: Paul Harpur, Senior Lecturer, TC Beirne School of Law, The University of Queensland
image

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.

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.

Authors: Paul Harpur, Senior Lecturer, TC Beirne School of Law, The University of Queensland

Read more http://theconversation.com/where-the-boundaries-lie-in-workplace-relationships-81172

Business News

How Chatswood Tutoring Can Fit Into a Student’s Weekly Routine

Create a Predictable Weekly Structure A consistent weekly routine can make study easier to manage when students are balancing several subjects. Chatswood tutoring can provide a fixed learning point a...

Daily Bulletin - avatar Daily Bulletin

The Rise of Digital Marketplaces in the Australian Trade Sector

For decades, the Australian trade and construction sector operated almost entirely on word-of-mouth recommendations and local community networks. Small business owners typically relied on local newspa...

Daily Bulletin - avatar Daily Bulletin

How Immigration Lawyers Can Help

Introduction Visa decisions can shape employment, family life, study plans, travel, and future residence. A small omission can lead to delay, added expense, or refusal. Immigration lawyers assess l...

Daily Bulletin - avatar Daily Bulletin

How Industrial Drying Equipment Supports Efficient Processing

Many industrial processes require moisture to be removed from compressed air, products or process materials before they move to the next stage. Excess moisture can affect equipment performance, produc...

Daily Bulletin - avatar Daily Bulletin

Practical Ways a Whiteboard Can Improve Workplace Communication

Effective communication helps teams stay organised, share ideas and keep track of important information. While digital tools are now common in many workplaces, a whiteboard continues to provide a simp...

Daily Bulletin - avatar Daily Bulletin

Designing Eco-Friendly Custom Water Bottles for Your Next Event

The Evolution of Sustainable Event Merchandise Event planning has undergone a massive transformation over the last decade. Gone are the days when organizers could hand out cheap, single use plastic...

Daily Bulletin - avatar Daily Bulletin

Why Choosing a Professional Florist Melbourne Makes Flower Delivery Impactful

Flowers have a great power to speak when humans cannot express their feelings with right words. Flowers are the best gifts when you are celebrating a birthday or welcoming a newborn child into your fa...

Daily Bulletin - avatar Daily Bulletin

The Business Case for Choosing Australian Fabricators Over Imported Alternatives

For a long time, you might have defaulted to overseas suppliers when sourcing fabricated metal components for a project. The unit price was lower on paper, and the maths seemed straightforward. That...

Daily Bulletin - avatar Daily Bulletin

Australian organisations are relying on business continuity plans built for a far more predictable world

Tariff escalations, supply chain fragility, geopolitical events, and the ongoing threat of cyber disruption have reshaped the risk environment facing Australian organisations. The problem is that ma...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

Buying Property with Someone else? Settle these Questions First

Buying a home with a partner, a sibling or a friend can make a purchase possible that neither of you...

How to Handle a Blocked Drain in Bribie Island Before Starting Deck Repairs

Planning an outdoor upgrade brings excitement, but building a beautiful timber deck requires caref...

What to Look For When Selecting an Installation Specialist for Gas Stoves and Water Filters in Brisbane

Upgrading your kitchen or improving your home's water quality requires specialised skills. When mana...

What to Consider Before Cleaning Your Exterior: Deck Pressure Cleaning, Pressure Cleaning, and How Much Does It Cost to Pressure Wash a House?

Maintaining a home's exterior in coastal Sydney requires regular attention to combat salt spray, mou...

Signs Your Trailer Needs Professional Repair Before Its Next Long Haul

A long road trip can put considerable strain on a trailer, particularly when it is carrying heavy ...

Automatic, Manual, CVT or DCT: Which Transmission Suits Australian Drivers?

Australia’s enthusiasm for cars is nothing new. From family SUVs and work utes to compact city cars ...

Cape Town: Full Day Private Cape Peninsula & Cape Point Tour

Embark on an unforgettable adventure with a full day private Cape Peninsula & Cape Point tour...

SMSF Audit Services in Brisbane: What Trustees Should Know Before Hiring One

Every self-managed super fund (SMSF) needs an independent audit each year before its annual return...

Why Local Legal Knowledge Matters When Choosing Lawyers in Brisbane

Legal matters often involve more than understanding legislation. They require knowledge of local pro...