The life of Andy Byron, CEO of the American company Astronomer, took an unexpected walk after being filmed to kiss a colleague at a Coldplay concert in Boston. The moment captured by Kiss Cam It became viral, revealing an extramarital affair that led to its removal from the leadership of the company. After the incident, both tried to disguise it, but it was too late: the images circulated around the world.
The problem? Andy Byron is married and father of two children, living with his family in New York. The woman who accompanied him in the video was Kristin Cabot, director of human resources of the same company. This debate has rekindled an issue: in Portugal, is it possible to be fired by unfaithfulness? The answer is clear: no, adultery is not a crime nor constitutes just cause for dismissal.
Company suspends CEO and opens internal investigation
Faced with media exposure and generated controversy, Astronomer issued an official statement on Network X (former Twitter): “Astronomer is committed to the values and culture that has guided us from foundation. Our leaders are expected to be an example of conduct and responsibility.” However, Andy Byron was removed from the position of CEO, while an internal investigation over what happened.
This decision relaunched an old debate: will it be possible, legally, to be fired by adultery? And in particular, can this also happen in Portugal?
In Portugal, adultery is neither a crime nor reason for dismissal
In the Portuguese legal system, marital infidelity, or adultery, has not been considered a crime since 1973. It is not, in itself, a legal reason for dismissal, even if the case gains public notoriety or involving co -workers.
The Labor Code does not foresee any sanction based on intimate or marital behaviors unless these behaviors have direct and serious repercussions on professional performance or work environment. The private life of workers is protected by the Constitution, namely Article 26, which guarantees the right to reserve the intimacy of private life.
Exceptions are rare and require concrete impact on the workplace
Although the general rule protects the worker, there are specific exceptions. In some cases, such as when there are relationships between superiors and subordinates who generate situations of favoritism, conflict of interest or breach of trust, there may be room for disciplinary investigation.
Still, even in these scenarios, it is not adultery that is in question legally, but the eventual violation of the duty of loyalty, good faith or the internal rules of the company, especially if other workers are affected or the normal functioning of the organization.
Portuguese courts have been firm in defense of private life
National jurisprudence has reinforced the principle that personal behaviors only interest the employer if they have objective and negative reflexes in the work relationship. Cases of dismissal based on extramarital relations have mostly considered abusive by the courts.
In situations of great public exposure, such as Andy Byron, the company can choose to prevent the worker preventively. However, in Portugal, this removal would have to be accompanied by concrete evidence of damage to the company or contractual non -compliance.
Media cases do not change the legal framework
The public or media dimension of an extramarital relationship is not, in itself, sufficient basis for a legal dismissal in Portuguese territory, according to the magazines. Even if the company’s reputation is affected, it would be necessary to demonstrate direct nexus between worker behavior and concrete losses to the employer.
Therefore, although a case like Andy Byron could generate discomfort in a Portuguese company, it could hardly justify a just cause, without violating the fundamental rights of the worker.
Lawyers reinforce the importance of legal protection of intimacy
Portuguese jurists are unanimous: adultery, as a private behavior, does not justify work sanctions in Portugal, except very specific and exceptional situations. The dismissal without just cause would imply compensation of the worker or even reintegration at the job, if the court thus determined it.
Thus, although in foreign companies the reputational impact of a personal scandal can lead to the removal of executives in Portugal, the legal framework clearly protects the private life of the worker, even when it is the object of public attention.
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