Reflections in light of current events on workplace relationships
At a time when companies promote workplace well-being, diversity, and work-life balance, one issue often remains in the background—rarely spoken about, yet strongly felt: romantic relationships in the workplace.
This is anything but an easy matter to address, as it touches on sensitive aspects of employment law: the personal freedom of each individual clashing with the risk of conflicts of interest, while also involving the management of workplace climate and the employer’s responsibilities. A complex web, difficult to untangle—especially from a strictly legal standpoint.
Recent events have also brought the topic of workplace relationships to the forefront of public debate. Consider, for example, the so-called “ColdplayGate” case, where the kiss cam spotlight made viral the relationship (and alleged infidelity) of the then-CEO of Astronomer and the company’s HR manager. Or, more recently, the case of the now former CEO of Nestlé, who was dismissed by the company’s management for engaging in an “undisclosed relationship” with an employee, in breach of the corporate code of conduct and the group’s internal guidelines.
In any case, the point is clear: employment law and case law do not sanction personal feelings; rather, they aim to safeguard corporate organization, the principle of non-discrimination (between employees treated differently for relational reasons), and managerial transparency.
Indeed, a dismissal based solely on the mere existence of a romantic relationship between colleagues, or on its non-disclosure, would in all likelihood be deemed unlawful as a violation of the employee’s right to privacy.
However, dismissal may be considered legitimate if the employer can demonstrate that such a relationship has concretely and objectively created a conflict of interest or resulted in a breach of the duties of loyalty, fairness, and diligence, thereby irreparably undermining the bond of trust. The burden of proof for such circumstances, in any case, rests entirely with the employer.
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