Love at Work: A Common Tale
As Valentine’s Day rolls around, the topic of workplace romance is more relevant than ever. Whether it’s a whispered conversation by the coffee machine, an after-hours brainstorming session that sparks more than just ideas, or a full-fledged office love story, the workplace remains one of the most common places where people meet their significant others.
According to a 2023 survey by the Society for Human Resource Management (SHRM)1, nearly one in three employees has been in a romantic relationship with a coworker. Similarly, a 2022 UK study2 found that 37% of workers have had a workplace romance at some point in their careers. Given that many adults spend more waking hours at work than anywhere else, it’s no surprise that Cupid’s arrow often lands in the office. But when does office romance turn from charming to concerning?
When Romance Becomes Risk: The Legal Landscape
While many workplace romances blossom without issue, they can also lead to serious legal and ethical complications. The Respect at Work reforms have heightened not only awareness of the issue and its prevalence in Australian workplaces, but also employer sensitivity to risk associated with sexual harassment, power imbalances, and the employer obligation to prevent.
The Fine Line Between a Romantic Advance and Sexual Harassment
Under many workplace laws, an unwanted romantic advance can amount to sexual harassment. While a single, respectful expression of interest may not necessarily cross the legal threshold, the following situations can create hostile work environments and legal liabilities:
- Persistent advances despite rejection.
- Relationships involving power differentials (e.g., manager-subordinate).
- Situations where one party feels coerced into a relationship.
For example, in Richardson v Oracle Corporation Australia Pty Ltd [2014] FCA 240, the Federal Court of Australia awarded $130,000 in damages to an employee who experienced ongoing sexual harassment, including unwelcome advances and explicit comments from a colleague.
In the case of Hughes trading as Beesley and Hughes Lawyers v Hill [2020] FCAFC 126, Mr. Hughes (a lawyer), persistently pursued his junior colleague, Ms. Hill, with unsolicited romantic advances. Mr. Hughes likened his actions to those of Mr. Darcy from Jane Austen’s Pride and Prejudice, suggesting his conduct was a form of honorable courtship. However, the court found that his behavior, which included sending numerous unwelcome emails professing love, entering Ms. Hill’s hotel room uninvited while in a state of undress, and implying that her employment was contingent upon reciprocating his feelings, constituted sexual harassment.
The court dismissed Mr. Hughes’ defense, emphasizing that such actions were far removed from any notion of romantic pursuit and deviated from the expectation of consent and professionalism in workplace interactions.
The Employer’s Role: Policies, Prevention and Positive Duty
Under many legal frameworks, including Australia’s Sex Discrimination Act 1984 and recent reforms imposing a positive duty on employers to prevent workplace sexual harassment, employers must go beyond reactive policies and take proactive steps to create a safe workplace. So, what should employers do?
1. Total Ban on Workplace Romance?
Some employers adopt outright bans on workplace relationships, particularly those involving a direct reporting line. For example, McDonald’s globally prohibits romantic relationships between employees in managerial positions and their direct reports, leading to the high-profile dismissal of former CEO Steve Easterbrook in 2019.
In Australia 2018 PM Malcolm Turnbull impose the infamous ‘bonking ban’ to prevent Ministers from having a close personal relationship with their staff. The bonking ban is still in place however there is a legitimate question about whether employers in Australian can lawfully interfere with personal matters happening outside the workplace.
While a strict ban can send a clear message, it may also be seen as unrealistic and intrusive. Employees may keep relationships secret, creating higher risks of conflicts of interest, favouritism, or ethical breaches.
2. Disclosure Policies and Relationship Agreements
Most companies stop short of an outright ban, and instead require employees to disclose workplace relationships, particularly those involving hierarchical differences.
For instance, Google and Facebook require executives to report relationships with subordinates, allowing the company to take steps to manage conflicts of interest. Some employers also use “love contracts”—agreements signed by both parties affirming the voluntary nature of the relationship and acknowledging company policies on workplace behaviour.
In 2020 the SMH published a full list of the known and unknown policy status for more than 100 Australian companies, many ASX 100 listed3. Most companies that did have a policy in effect (those who did not at that time have a policy in effect included Qantas, Newscorp and Nine Entertainment), focused their policy efforts on disclosure of relationships to avoid any real or perceived conflict of interest arising from the relationship. Overwhelmingly the policy approach was centred on avoiding conflicts of interest rather than preventing sexual harassment.
3. Clear Boundaries and Harassment Training
Rather than banning workplace romance altogether, many employers focus on:
- Training on respectful workplace behaviour.
- Implementing clear anti-harassment policies.
- Encouraging professional conduct in all interactions.
For example, Woolworths’ policy permits relationships between team members, but it must be disclosed as a potential conflict of interest and any power imbalances in reporting lines should be avoided.4
Striking the Right Balance: Work of Cupid or a Recipe for Conflict?
The reality is that workplace romance isn’t inherently problematic—but it can be, especially when it leads to conflicts of interest, favouritism, or allegations of misconduct. Employers must balance employee privacy, workplace harmony, and legal responsibilities to prevent sexual harassment and discrimination.
This Valentine’s Day, should employers set the goal not to be anti-love but take steps to be pro-safety, pro-consent, and pro-professionalism.
Final Thought: Love at Work, But Work Comes First
Cupid may have a place in the office, but when unchecked, workplace relationships can create real legal and ethical dilemmas. Employers must navigate the intersection of romance and risk with clear policies, open conversations, and proactive prevention strategies—because when love and work collide, it’s best to have the rulebook in hand.
Happy Valentine’s Day! 💘
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At IRiQ Law, we can assist with developing workplace policies, facilitating workplace mediation, and helping employers remain compliant with their obligations under relevant employment legislation. Contact us to learn how we can support your business.
1 2023 Society for Human Resource Management Workplace Romance and Relationships Survey
2 Survey by job search engine Adzuna.co.uk
4 Ibid.
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