Caught with a colleague on the kiss cam? Media and memes are abuzz this morning with the viral video of a CEO and Head of HR caught looking very cosy on the kiss cam at a Coldplay concert. When they noticed they were on the jumbotron, they quickly moved apart. Chris Martin, Coldplay frontman, then commented to the crowd that they must either be very shy or having an affair. Sounds like it was the latter with media reports that the CEO is married (and not to the Head of HR). Many are wondering, is this something you can get fired for? Here is an employment law take on some of the key considerations.
Is this sexual harassment?
Sexual harassment can definitely get you fired, but we don’t have enough information here to make this determination. Sexual harassment is defined in Canada as unwelcome conduct that is sexual in nature and leads to adverse work-related consequences. The key question here would be whether the conduct was unwelcome. Consensual relationships can happen between colleagues and, if truly consensual, are not sexual harassment. An important consideration in this case would be the power differential. As CEO, you really have to be sure that snuggling up at a concert is truly consensual and not influenced by your power over the employment relationship.
Is it against company policy?
Breach of policy can be another basis for termination. Some companies have policies about conflict of interest that require reporting of romantic relationships when one person is supervised by or reports to the other. I have not seen it reported whether this company had such a policy or if this relationship had been reported.
Is it damaging to the reputation of the company?
One important fact here would be whether this was a company event (was it in the company box with clients, for example) or if it was an off-duty moment caught on camera. If it was a company event, employment consequences are more likely, but even if it was “off-duty” there is still a connection to the workplace if it damages the reputation of the company. This is particularly so for the C-suite who owe fiduciary duties to protect the interests of the company as officers.
Does it matter if they are married?
In jurisdictions like BC where marital status is protected under human rights legislation, the fact that this is an extra-marital affair cannot be considered in determining the workplace consequences. If the company takes action against a married employee that it would not have taken against an unmarried employee, this could be discrimination under the Human Rights Code.
The bottom line is that there could be employment consequences here for one or both of these executives, who are expected to set company culture. Due to the very public nature of all of this, the personal consequences are undoubtedly already very real.
This blog is not legal advice and only provides general information. Every situation must be considered on its own facts. Need legal advice? Contact us [email protected] or 604-535-7063. Our team of employment lawyers in BC and Alberta are ready to answer your questions.
