When Coldplay’s kiss cam panned to a couple at a recent concert, few expected the moment to spark a corporate crisis.
However, when the couple turned out to be CEO of tech firm Astronomer, and the company’s Chief People Officer, the internet exploded. The viral footage prompted a formal investigation by Astronomer’s board, raising questions about personal conduct and how employers should respond when workplace relationships become public – and problematic.
This scandal offers a lens through which to examine New Zealand employment law, particularly an employer’s ability to regulate romantic relationships between employees. While love may be blind, employment law is not – and it requires a balance of privacy rights, good faith obligations, and workplace safety.
Can employers regulate romance?
In New Zealand, there is no law that prohibits workplace relationships. However, employers may impose reasonable policies to manage potential risks – especially where power imbalances or conflicts of interest exist.
Under the Privacy Act 2020, employees have a right to keep their personal relationships private. However, if a relationship affects the workplace – say, through conflicts of interest or reputational risk – employees may be required to disclose their relationships.
The Employment Relations Act 2000 imposes a duty of good faith on both employers and employees. This includes being responsive and communicative, and not misleading or deceiving one another.
If an employee in a position of power enters a relationship with a subordinate and fails to disclose it, they may breach this duty. Likewise, an employer who enforces a policy without consultation or applies it inconsistently could also be acting in bad faith.
Also relevant are an employer’s obligations to ensure a safe and healthy working environment under the Health and Safety at Work Act 2015. Workplace relationships can sometimes lead to harassment, bullying, or emotional distress, especially if they end poorly.
Employers can try and mitigate health and safety risks by:
- providing training on respectful workplace conduct
- offering confidential reporting channels
- ensuring support systems are in place for affected employees.
Balancing rights and responsibilities
Workplace relationships are a reality but they require careful navigation. If an employer has concerns about workplace relationships, it must manage these concerns fairly, transparently, and lawfully.
For employers, the key is to strike a balance between respecting employee privacy and protecting the integrity of the workplace. For employees, it’s about understanding that responsiveness and clear communication are not just corporate buzzwords – they’re key to employment obligations.
- For more information on this and any other employment law matter, please reach out to our team of experts.
