Navigating Relationships in the workplace

13 February 2025

Introduction

Employees spend a large portion of their waking hours at work, leading to the development of personal relationships, including romantic ones. While privacy is a constitutional right in South Africa, it is not absolute and can be limited when personal relationships disrupt the workplace. Employers may intervene if a relationship affects business operations, potentially leading to disciplinary action.

Organizations must assess the risks involved, or in other words, the potential consequences for the company. Personal or intimate relationships between employees are always a possibility, given the amount of time they spend together at work. From friendships to romantic connections, these interactions can influence productivity and impact the overall company dynamic.

Employers should recognize that personal relationships are natural and, in many cases, not problematic. In fact, these relationships can sometimes be beneficial. As work hours extend and the boundary between home and work becomes increasingly blurred, having friends at work can enhance employee happiness. Contrary to common belief, positive workplace relationships can make the workday more manageable, boost productivity, and reduce staff turnover.

Issues may arise in various situations, such as:

• Romantic relationships between colleagues or between a superior and subordinate.
• One partner influencing the other's salary or promotions.
• Inappropriate behaviour in the workplace.
• A relationship's end affecting productivity.
• Failure to disclose a romantic relationship when required.

The extent to which employers can regulate off-duty conduct is debated, as shown in Keenan v. Leighton Boral Amey Joint Venture, where an employee's unfair dismissal for behaviour outside work was ruled improper. Clear workplace conduct rules are necessary to justify action against employees. The Labour Court has noted that while workplace romances can occur, the workplace shouldn't become a place for romantic pursuits. Employees should control their urges to maintain a professional environment.

Labour law advisers now advocate for organisations to establish explicit policies managing workplace relationships, separate from disciplinary or sexual harassment policies. Key principles, as outlined at the SABPP Open Space event (October 2019), include:

1. Balancing Privacy and Conduct: Employees’ privacy is respected, but the organisation must maintain workplace standards.
2. Prohibiting Vertical Relationships: Relationships where one partner has authority over the other are not allowed. Couples in such situations must consult management to resolve the conflict.
3. Allowing Horizontal Relationships: Relationships between peers are permitted, but the senior or longer-serving partner must report the relationship to HR.
4. HR’s Role: HR will guide couples on managing risks and handling potential workplace issues.
5. Couple’s Responsibility: Any misconduct or performance issues linked to the relationship will follow normal corrective procedures.
6. Confidential Record: The relationship will be documented in both partners' employment records and kept confidential.
7. Transparency with Colleagues: Couples are encouraged to be open about their relationship and address any concerns from coworkers.
8. Reporting End of Relationship: The “senior partner” must inform HR promptly if the relationship ends.

Conclusion

Employers should avoid interfering in romantic relationships unless they adversely affect workplace dynamics. If disruptions occur, employers may need to balance employees’ rights to privacy against business needs. To manage workplace relationships, employers can adopt policies outlining disclosure requirements and expected conduct.

Implementing guidelines is crucial, including:

• Disclosure protocols for romantic relationships.
• Steps for relationships involving supervisors and subordinates.
• Expected workplace behaviour for those in romantic relationships.
• Conditions under which policy violations could result in disciplinary action.

Employers should address each case based on its circumstances, considering transfers or adjustments to maintain professionalism. Disciplinary measures may apply for policy breaches, and caution is necessary when a relationship ends, as previously acceptable behaviours may lead to harassment claims.

While separating personal and professional lives is ideal, it’s often impractical. Establishing clear guidelines for workplace romances can clarify expectations and mitigate risks. Contact Invictus for tailored guidance and assistance on navigating relationships in the workplace. Reach out to our office at 086 173 7263 or email us at admin@invictusgroup.co.za. Let us help you ensure your business remains compliant and well-informed.