The lines between professional and casual workplace interactions are becoming increasingly blurred

The lines between professional and casual workplace interactions are becoming increasingly blurred. As modern office dynamics shift — shaped by the gig economy, remote work, and competitive labour markets — the importance of addressing issues related to inappropriate conduct is at an all-time high.

The recent decision in 2551965 Ontario Ltd. v. Warkentin reminds us why maintaining a minimum standard of professionalism is critical in any work environment, irrespective of the relationship dynamics between parties.

Historically, there has been a tendency to overlook a certain level of inappropriate behaviour from employees, particularly when it originates from those in lower-ranking positions. This leniency has often been attributed to the perceived power dynamics at play, as lower-ranking employees who report up the ladder are not typically afforded much in the way of workplace bargaining power.

Warkentin challenges this, as the use of vulgar, aggressive language by an employee towards a colleague was held to substantiate termination for just cause. The court took a stand: respect takes precedence over familiarity between parties, irrespective of one’s position.

That is not to say that the court’s contention is entirely novel. Indeed, similar sentiments have been echoed by our courts in past legal cases. For example, in Bannister v. General Motors of Canada Ltd., the court recognized that certain behaviours — including the use of excessive vulgar language — are simply unacceptable, no matter how casual the workplace.

If similar cases exist, why is Warkentin relevant?

Simple. Modern society has grown accustomed to profanity-laced banter thanks to shows like HBO’s Succession and the lack of censorship on social media platforms. Given the vast changes in society since Bannister was released in the ‘90s, many view that decision as being past its shelf life.

We disagree. These behaviours cannot and do not translate to a professional setting.

When vulgarity is used, particularly from a place of aggression or anger, it undermines the fabric of a productive workplace. The Court of Appeal’s stance in Render v. ThyssenKrupp Elevator reinforces this point.

In Render, inappropriate touching initially intended to be a joke quickly developed into a serious incident due to a lack of boundaries. The court’s ruling is clear: jokes can have serious consequences when they cross the line and become harassment. Applying this rationale to Warkentin, what one person considers playful banter may be perceived as threatening or demeaning to others.

How can a workplace culture prioritize respect and professionalism? It starts with clear communication and example setting.

Employers should explicitly outline what behaviours are acceptable and which are not. Establishing a code of conduct is a step in the right direction, but more is needed. It is critical to simultaneously promote a culture of respect and provide clarity on what will and will not be tolerated in the workplace.

Moreover, employers should encourage and embrace dialogue about workplace culture. Employees should be empowered to voice their concerns and discuss boundaries. Regular check-ins or anonymous surveys can provide employers with valuable insights and identify areas in need of improvement. Creating an environment where feedback is welcomed not only helps prevent misunderstandings, but can also play a role in avoiding costly litigation.

On the other side of the coin, employees need to take ownership and understand the impact of their words and actions. This is not just about protecting one’s job; it should be viewed from the lens of fostering a sustainable work environment for the long term.

Leadership plays a crucial role in modelling desired behaviours. When leaders demonstrate professionalism, it establishes a baseline for the entire organization. Employees are more likely to mirror the behaviour of their leaders, so it is essential for management to hold themselves to high standards of conduct.

The legal ramifications of failing to maintain professionalism cannot be overstated. The Warkentin ruling illustrates that those who ignore inappropriate behaviour not only damage morale but risk facing costly litigation. A single incident can be the proverbial powder keg for a toxic workplace, which, in the modern context, has become increasingly expensive for employers to shoulder.

The stakes are high when it comes to workplace behaviour; no one wants to be the next cautionary tale. I encourage all to remain mindful of how familiarity and comfort can unintentionally blur the lines of professionalism, as we are all responsible for cultivating workplace culture.