Fired for violating office dress code

A female employee at a car dealership in Edmonton is filing a human rights complaint after she was let go by her employer for violating a company dress code. Caitlin Bernier, an employee of Honda dealership was terminated during her probation period and was informed her attire made her male colleagues uncomfortable despite having worn the same shirt to her interview.

Since the news story has gone viral, many Canadians are asking if violating a dress code is a firable offense. Should there have been a warning prior to termination? Toronto employment lawyer Lior Samfiru at Samfiru Tumarkin LLP joins Kelly Cutrara on 640 Global News to answer these questions and more.

What They Discussed

• Is there any room for interpretation in a work dress code? An employer has to put a dress code in writing and clear, so employees have distinct examples of what is appropriate or not. It should not have gender-specific rules as this could possibly be workplace discrimination.
• Is there a scenario in which termination over a dress code is permissible? To terminate an employee for a breach in dress code policy the policy must be communicated to the employee.
• Can you be let go from your employment during a probationary period for any reason? Probation is not automatic and must be part of an employment agreement. If not on probation and terminated, an employee can have significant severance entitlements.
• What is the discriminatory aspect of this case? To determine if there has been discrimination in the workplace, the actions of the employer would have to show a bias towards gender.
• Are employers at an advantage by having their employees believe they are automatically on probation? It is important that employees pay close attention to their contracts as an agreement will outline specific details pertaining to their rights in regard to probation.