Unfair Dismissal Case Brought Against Dunnes Over Hijab

A former sales assistant at Dunnes Stores has brought a case for unfair dismissal against the retailer, claiming that she was prepared to work her allocated shifts but could not as she was not permitted to wear a hijab at work.

35-year-old Loreta Tavoraite of Parknamore, Ballincollig, Co Cork, originally from Lithuania, began working at Dunnes Stores, Ballincollig, Co Cork on 26 July, 2007.

The Employment Appeals Tribunal heard that Ms Tavoraite subsequently converted to Islam and wanted to wear a hijab, a headscarf which covers the hair, but which leaves the face exposed, at work.

However, staff at Dunnes Stores wear a standard uniform of a blouse, trousers or a skirt, and a type of cardigan, and no alteration to the style of the uniform is allowed.

The tribunal heard that in October 2010 Ms Tavoraite met with store manager Bill Farrell and the human resources manager about wearing the hijab.

She explained that her religion involved covering her head with a hat or scarf while in public, including at work, but that she had been told that she could not wear the scarf to work.

Mr Farrell told Ms Tavoraite that her religion was her own business and her business only, adding that the uniform was their image as a company and she had to wear the standard uniform as required by the company.

There were numerous subsequent meetings, including disciplinary meetings, and correspondence between management at Dunnes Stores and Ms Tavoraite in an effort to resolve the impasse and the company repeatedly told Ms Tavoraite that they wanted her to return to work.

Ms Tavoraite never returned to work.

At a meeting in early November she was informed that a basic part of her contract was that she would attend work and that if she did not come to work they would have to consider her contract and that it might be terminated. She was dismissed from her position on 6 November 2010.

Mr Farrell told the tribunal that when an employee is wearing something, which is not part of the uniform, they are not allowed to work.

Ms Tavoraite will give evidence when the tribunal resumes the hearing in November.

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