By Claire Mansell - 3 Feb 2015
The talk around the water cooler has focused on the couple
filmed having sex in a Christchurch city centre office. As an
employment lawyer, I've been asked whether the couple can "get
fired" for their actions. Well, it depends.
Does the company have policies around relationships between
employees? Many company policies prohibit intimate relationships
between supervisors and subordinates, while others place blanket
bans on intimate relationships. The company may also look at
whether or not there are rules surrounding accessing the office
after hours.
Even if the couple aren't breaching any company polices, their
actions may nevertheless constitute serious misconduct.
The employer may maintain that the employees have brought the
company's reputation into disrepute. In Hallwright v Forsyth
Barr Ltd (the case about a senior investment analyst
who hit a pedestrian in a fit of road rage) the employee was held
responsible for the intense negative media coverage that
resulted.
The media reports that the couple enjoyed a wine afterwards. If
this was company wine taken without permission then, and quite
apart from what preceded, the couple could face disciplinary action
regarding such use of company property!
Contacts
Claire
Mansell