It is common for relationships and attractions to develop in the workplace.
The fact that two individuals have been in a consensual sexual relationship does not mean that sexual harassment may not occur following the end of the relationship.
Example: A young employee and her boss engaged in consensual sexual intercourse on four occasions.
The woman’s boss engaged in a range of other conduct of a sexual nature. However, the court also found that certain acts – including giving the woman gifts of a sexual nature, such as underwear, sending explicit text messages and attempting to share a bunk bed – was unwelcome sexual harassment Sexual harassment in the workplace is against the law.
A person who sexually harasses someone else is responsible for their behaviour.
However, employers can also be liable for the actions of their employees. Employers should ensure that they address all complaints of sexual harassment with care.