Fired for a dress code violation: A human rights complaint?

An employee at a car dealership is alleging she was wrongfully dismissed from her workplace due to violating a dress code policy. Caitlin Bernier was terminated two weeks into her employment as her manager claimed Caitlin’s wardrobe choice caused her male colleagues discomfort. Was this termination a violation of Caitlin’s human rights? What information should employees have regarding their probation periods?

An Alberta employment lawyer at Samfiru Tumarkin LLP joined CHED Mornings with Chelsea and Shaye to answer these questions and more.

What They Discussed

• Does Caitlin have a case for wrongful dismissal? Caitlin does have a case to state that her employer does not have just cause to terminate her. Her contract did not state whether or not she was on a probation period and so can pursue severance.
• Does it matter that the general manager who claimed Bernier’s attire was inappropriate was not there at the time and did not see her? Bernier will have to establish that the reason for her termination was not regarding her outfit but because she is a woman.
•  If it can be proven she was on a probationary period, does Bernier still have a human rights violation case? The probationary period can only be applied if an employee consents to it in an employment agreement.
• How can Bernier prove she was discriminated against due to her gender? Bernier will have to prove a lack of information in terms of the dress code policy or that the policy disproportionately affects women.
• Was this policy not specific enough and up to interpretation? The issue with this case seems to lie with the company being a largely male-dominated workplace.
•  Is this the norm for cases regarding dress code and human rights complaints? This situation is the opposite in many ways as it is more restrictive in nature.