
After viral Coldplay kiss-cam video, advice for workers on when private relationships become your employer's concern
Just ask Andy Byron, the now former chief executive of tech company Astronomer, who abruptly resigned last week after being shown embracing the company's chief people officer, Kristin Cabot, on the Jumbotron at a Coldplay concert near Boston. The pair's frantic reaction after appearing on the big screen during a kiss-cam moment prompted Colplay's frontman, Chris Martin, to joke that they were probably having an affair. As it turns out, that appears to be true. Mr. Byron resigned shortly afterward, likely to avoid termination, and Ms. Cabot was placed on leave.
The viral Coldplay kiss-cam video shows digital sleuthing can go too far
The fallout raises legal questions: when do Canadian employers have a right, or even the obligation, to intervene in consensual relationships between employees, especially senior ones?
When two senior executives are involved in an apparent affair, the reputational risk to their employer can be significant. It calls into question their judgment, integrity and values – and, by extension, their ability to lead.
Key figures such as a CEO or chief people officer are often closely tied to a company's brand and public image. This places them in a fiduciary role, meaning they are legally obligated to prioritize the company's best interests. If a fiduciary's private conduct becomes a matter of public scrutiny, it can damage the company's reputation, sometimes irreparably.
As a result, employers often react swiftly when executives face public allegations of misconduct or online shaming, even if unrelated to their positions. Despite that those allegations may later be disproven, damage or potential damage to a company's reputation alone may sometimes be great enough to justify immediate dismissal, potentially without severance.
Even consensual office romances can lead to disputes, sexual harassment complaints or retaliation claims. Where one employee holds power over the other, such as in a reporting relationship or with influence over promotions or compensation, the employer's right to intervene becomes more evident. These relationships carry a high risk of perceived favouritism during the relationship or retaliation if it ends.
Many companies treat such relationships between managers and subordinates as serious business risks and have established policies requiring disclosure so appropriate steps can be taken to protect the company and those involved from misconduct claims. Some companies even go further and prohibit such relationships altogether. If a company adopts such a policy, then any violation can be treated as a disciplinary matter and, depending on the circumstances and severity of the violation, can also lead to cause for dismissal without severance.
In the absence of a formal workplace dating policy, many companies have detailed codes of conduct that attempt to regulate workplace behaviour. Those codes of conduct are usually broad enough to capture situations of an actual or perceived conflict of interest, which can often arise when a senior employee becomes romantically involved with a more junior one.
In a high-profile case last year, the Royal Bank of Canada dismissed its chief financial officer for just cause after being tipped off to an alleged affair with a subordinate. The bank claimed she breached its code of conduct by engaging in an undisclosed personal relationship that allegedly resulted in preferential treatment, including raises and promotions. Both parties denied the affair and any favouritism, but the case will likely turn on whether the code of conduct was breached and whether the breach was serious enough to justify the bank's reaction.
How employees respond to internal investigations also matters. When a complaint involves harassment, discrimination or retaliation, employers are legally required to investigate. That usually starts with interviews and fact-finding missions. If an employee is dishonest during this process, refuses to answer questions or retaliates against someone who made a complaint, that alone is often grounds for dismissal for cause without severance even if the initial infraction would not have led to that result.
The key takeaways for employees are that engaging in a consensual relationship with a colleague can become their employer's business, particularly if they are in a senior role or are having a romantic relationship with a more junior employee.
Concealing that relationship, especially where it may give rise to a real or perceived conflict of interest or violates company policy, may be grounds for termination without severance. Employees in positions of authority and influence are held to an even higher standard. They must assume their personal and private interactions, even in a dark corner at a Coldplay concert, are not beyond their employer's scrutiny.
Daniel A. Lublin is a partner at Whitten & Lublin, representing clients in workplace legal disputes. He can be reached at Dan@canadaemploymentlawyer.com.
Hashtags

Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles


CBC
14 minutes ago
- CBC
Man hospitalized with significant injuries after grizzly bear attack in B.C.
A man was hospitalized with significant injuries following a grizzly bear attack near Creston, B.C., conservation officers say. The B.C. Conservation Officer Service (BCCOS) said in a social media post that the attack happened around 4:30 p.m. Saturday when a husband and wife were riding e-bikes along the Kootenay River near West Creston in southeast B.C. The service said the wife heard her husband scream and saw a grizzly bear running at her. She used bear spray and then realized a second bear was attacking her husband. The wife used bear spray again and both bears ran off, according to the BCCOS. "Emergency services were called, and the man was transported to hospital in Cranbrook by ambulance, where he underwent surgery," the BCCOS said. According to the service, conservation officers swept the area after the attack and didn't locate the bears. They closed three major trails in the area, installed signage and set up traps on Saturday night, but no bears were captured. The BCCOS is still searching for the grizzlies as of Saturday afternoon, according to the social media post. It says trails in the area will be closed until further notice.


CTV News
43 minutes ago
- CTV News
Sydney Mines Heritage Festival brings hundreds to Main Street
Hundreds of people gathered in Sydney Mines, N.S., for the community's annual heritage festival. (Ryan MacDonald/CTV News) Hundreds of people filled the main street of Sydney Mines, N.S., over the weekend for the community's annual heritage festival. This year marked the fourth year for the Sydney Mines Heritage Festival, previously know as the Johnny Miles Festival until 2022. In recent years, the festival has been organized by New Deal Holdings of Sydney Mines. A section of Main Street was closed to traffic for the weekend, where vendors sold their goods and musicians performed on stage. Organizers said this year's attendance was the best with many people coming from others parts of the region. 'There's also a sense of pride when the folks come from away', said Dave Julian, a festival organizer and president & CEO of New Deal Holdings. 'They're home for the summer and they see this on the main street, and they say 'You know what? This is the way it was when I was growing up.' That's kind of what we're trying to do again.' Julian added that next year's festival will be a special one, as it will mark the 100th anniversary of Sydney Mines native Johnny Miles' first victory at the Boston Marathon in 1926 (he also won in 1929). He said plans are already in the works to make next year's heritage festival bigger and better, and to further incorporate Miles' memory and his accomplishments as an athlete and a citizen. The three-day event wrapped up on Sunday evening. For more Nova Scotia news, visit our dedicated provincial page


CBC
44 minutes ago
- CBC
Montreal police investigating death of 52-year-old man in Saint-Léonard
Montreal police are investigating the death of a 52-year-old man on Sunday in Montreal's Saint-Léonard borough. Earlier in the day, police said the death was considered suspicious but later confirmed it was a homicide. It is believed that there was a break-in at a residence at around 4:30 a.m. near where the victim was found, said Montreal police spokesperson Caroline Chèvrefils. A suspect, a 31-year-old man, was arrested nearby in connection with break-in and transported to an investigation centre for questioning, Chèvrefils said. He was scheduled to appear by videoconference at the Court of Quebec on Sunday afternoon. Chèvrefils stated that the break-in could possibly be related to the man's death, but that it is too early to confirm. The investigation is ongoing and no arrest has yet been made in connection with the homicide. This is the 23rd homicide in Montreal since the beginning of the year.