news and events
Matters of the Heart Can Be Muddy and Murky
The line between consensual relationship and sexual harassment at work may be as clear as mud. Context matters.
W
hen matters of the heart take place in the workplace, mud and murk may get slung about, resulting in allegations of sexual harassment in the workplace. Can a consensual workplace relationship be grounds for termination and a sexual harassment in the workplace claim? Let me quote the Honourable Justice C. N. Herold in Cavaliere v. Corvex Manufacturing Ltd., 2009 :
“A very significant issue in this trial was whether or not a consensual long term sexual relationship between co-workers can justify termination for cause without notice, and my answer to that is a clear and unequivocal “sometimes”.”
Before we dive into what Cavaliere tells us (and I note with some ironic pleasure that the name Cavaliere has the same roots as ‘cavalier’, meaning a lack of proper concern) I’d like to start with a more recent decision at the HRTO, Assaf v. Soler D&V Licensing Inc., 2026 HRTO 206.
The applicant (Assaf) filed an application with the Human Rights Tribunal of Ontario (HRTO) alleging sexual harassment by an office manager, resulting in the end of her employment. The Tribunal dismissed the application, finding that the evidence did not support the applicant’s version of events, and characterizing the interactions in question as part of a mutual, consensual personal relationship rather than non-consensual harassment. The Tribunal found that upon learning of the relationship, the employer acted reasonably and fulfilled its statutory obligations, and that while the personal respondent exercised poor professional judgment in entering into the relationship, the conduct did not amount to a violation of the Code.
The decision turned primarily on credibility. After applying established legal principles governing credibility and reliability, the Tribunal found the respondents’ evidence to be more coherent, consistent, and aligned with the documentary record. The applicant’s testimony was undermined by material omissions, internal inconsistencies, and admissions made under cross-examination that contradicted her earlier assertions.
The Tribunal noted that the allegation of sexual harassment arose only after the personal respondent attempted to end the relationship. While interpersonal tension followed the breakdown, the evidence did not demonstrate workplace-based harassment, coercion, or the abuse of authority required to meet the legal threshold under the Code. The Tribunal found the organizational respondent met its duty to maintain a harassment-free workplace. Upon learning of the complaint, the employer promptly initiated an independent third-party investigation, communicated its steps in writing, suspended the personal respondent for one week, directed that there be no interaction between the parties, and offered temporary relocation measures.
The key takeaway from this decision is that credibility and reliability of testimony matters, even in civil courts. Many conversations and concerns were raised in the 2025 trial of Hockey Canada Junior players around consent and credibility and the difficulty of meeting the “beyond a reasonable doubt” standard in a system that has typically blamed victims and doubted women’s credibility. Despite only needing to demonstrate the truth of her allegations “on the balance of probabilities” the applicant was unable to convince the tribunal that what occurred was sexual harassment.
The case should have us all thinking and talking more about what ‘consensual’ means in the context of workplace romance, where there is a power imbalance between partners.
Everyone who alleges sexual harassment has occurred in the workplace should be taken seriously, and the claims should be investigated. The number of false allegations of sexual assault are incredibly small. New data also suggests that the number of “unfounded” cases – meaning cases that the police could not substantiate as having occurred, have also dropped to less than 10%. The data supports that women – nor men – aren’t making wild accusations in order to obtain either revenge, or a pay out. Nonetheless, not all claims will be successful. Your word is important, but evidence matters too.
The heart wants what it wants… but it may always be safer to want something outside the workplace.
Have you been subject to sexual harassment in the workplace? We can help. Call toll-free for free legal -advice: 1-833-677-5146