Extramarital Affairs In The Workplace, A

Ground For Termination?

To fall in love with your officemate or co-worker is something beyond question
of your employer, your superior, or even your colleagues as it is none of their
business. But to have an illicit affair within your workplace, that’s another story.
It is really hard to dodge that arrow of that naughty kid. If you got hit by cupid
but for the wrong person, in the wrong place and on the wrong time, and you
think your “you and me against the world” love story might be a telenovela
adaptation in the future honoring otherwise your unfaithfulness to your spouse,
then you might want to think again. Is it really worth it risking your personal
life, your career, your reputation and most especially, your family?

Having an illicit affair with your co-employee is considered an act of

immorality. It is true that this is a matter beyond the control of the company and
the theory behind is that the employer should never pry on the private affairs of
its employees.

However, in some instances, if the illicit relationship is also one of a superior-

subordinate relationship in that workplace, then the management might interfere
even in the absence of a company policy regarding the matter due to possible
conflict of interest that might arise to the nature of the business of such
company or at least to the department or group where they both belong. But up
to what extent can the employer validly do so in protecting its own interest and
without violating the due process clause of our labor laws? Is such immoral act
also a valid ground for termination of the employee?

The Labor Code provides the valid grounds for termination. Article 282[1]
provides for the just causes while Article 283[2] for authorized causes.
However, in the enumerations provided for by the law, immorality is not one of
those. If so, can the employer, if it so desires and to its best interest, validly
terminate the services of the employee having an extra-marital affair with his or
her co-employee?

While the structure of the Labor Code appears to be generally in favor of labor,
this does not mean that the employer is devoid of its own prerogatives one of
which is the power to terminate the services of an employee for violation of a
company policy which the latter agreed upon during the signing of the
employment contract. Typically, if there is “immorality clause” in the
employment contract, company policy, rules or regulations or company code of
conduct which provides for termination of an employee by reason of
immorality, then an employee may be terminated if found guilty for such
ground. However, such kind of immorality must be of a gross in character and
not merely simple immorality. Furthermore, at this stage where the employee is
in the risk of losing his or her job, the employer must observe due process. That
is, giving the defendant employee the opportunity to explain his or her side and
to defend him or herself. As we all know, adherence to the company policy is
not always absolute. A humanitarian consideration from the employer is still
possible depending on the circumstances attending the issue. As the Supreme
Court once said in a case[3], to constitute immorality, the circumstances of each
particular case must be holistically considered and evaluated in the light of
prevailing norms of conduct and the applicable law.

In some companies, immorality is a ground for disciplinary action but not

necessarily termination. The penalty also varies on a case to case basis
depending on the specific immoral act committed as prohibited by the company
policy. In addition, there are companies that consider only work-related acts of
immorality as a ground for termination or disciplinary action for the reason that
such act renders the employee morally unfit to discharge his duties and
responsibilities or makes him undeserving to the position he currently holds
where a great degree of integrity and ethical values are expected of him.

Thus, an employee, no matter how valuable he or she is to the company, can be

terminated by his or her employer for acts of immorality regardless of whether
or not the same is work-related insofar as gross violation of the company policy
or company’s code of conduct is concerned.

Dismissal of an employee for engaging in an extra-marital affair was held

valid by the Supreme Court
In this case[4], the respondent was dismissed from his employment as a
bookkeeper of petitioner cooperative for engaging in extra-marital affairs, which
is a ground for termination of employment stated in petitioner cooperative’s
Personnel Policy. The Supreme Court said that while respondent’s act of
engaging in extra-marital affairs may be considered personal to him and does
not directly affect the performance of his assigned task as bookkeeper, aside
from the fact that the act was specifically provided for by petitioner’s Personnel
Policy as one of the grounds for termination of employment, said act raised
concerns to petitioner as the Board received numerous complaints and petitions
from the cooperative members themselves asking for the removal of respondent
because of his immoral conduct.

Other repercussions of the marital infidelity

While acts of immorality regardless of whether work-related or not, are of no
concern to some companies, the impact of such immoral act such as public
humiliation, shame, criticism or being the subject of office gossip might be
considered as a punishment in itself. Nonetheless, if the illicit affair is being
tolerated in the workplace, the embarrassment is lessened to some extent, if not
totally erased from the prying eyes of their colleagues. Besides, even if they
eventually become free from everybody’s castigation, they still remain fugitives
of their own conscience.
With respect to penal consequences, this usually comes in when the aggrieved
spouse, aside from seeking termination from employment of his or her
philandering partner and/or the paramour, also files a criminal case against them
for adultery or concubinage.[5] This is also apart from the damages that the
offended spouse may claim.[6]

While criminal prosecution for the said crimes may be challenging for the
aggrieved spouse who also seeks termination from employment of these cheater
employees, he or she is lucky enough if they are convicted for the said crimes
for they are as good as terminated because of the imprisonment they will have to
serve.

It is to be noted however, that the judgment in a criminal case has no binding or

conclusive effect in a labor case. Conviction of an employee in a criminal case
is not indispensable to warrant an employee’s dismissal.[7] Thus, in a situation
where there is a criminal case for adultery or concubinage and a complaint for
illegal dismissal, the judgment in the criminal case regardless of whether it is
acquittal or conviction, cannot be relied upon by the labor arbiter in rendering
his decision because he is duty bound to make his own findings of facts after the
presentation and due consideration of all the pertinent circumstances and
evidence of the case.

Summary
Extra-marital relationship between co-employees is not uncommon. It exists in
every workplace and the truth is, even their colleagues or superiors tolerate the
same. A company usually does not discourage any romantic relationship
between office staff. But neither it tolerates any illicit one as the same is viewed
as reflective of the company’s image and reputation especially by the judging
public.

Immorality in the workplace is like a leech that devours on the esprit de corps
among the employees. Employees who were already consumed by such are no
different from company thieves. The latter steal the company resources while
the former steal the company morale.

“Marriage should be honored by all, and the marriage bed kept pure, for God
will judge the adulterer and all the sexually immoral.”
-Hebrew 13:4