Saturday, September 22, 2012

Dunnes worker prevented from wearing hijab, court hears

A Muslim woman, who worked as a sales assistant at Dunnes Stores, has claimed she was unable to go to work because she was not allowed to wear a hijab, or headscarf.  

Loreta Tavoraite (35) is a Lithuanian, who converted to Islam after she began working in a Dunnes Stores in Ballincollig in Cork in July 2007. 

For religious reasons she wanted to wear a hijab, a headscarf that covers the hair, leaving the face exposed.

Ms Tavoraite, of Parknamore in Ballincollig, is suing Dunnes, for unfair dismissal.  

An Employment Appeals Tribunal (EAT) in Cork was told last week that staff at Dunnes must 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 Irish Times reports.

In October 2010 Ms Tavoraite met with Bill Farrell, store manager at the Ballincollig store, and the human resources manager.  

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.

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 Ms Tavoraite was repeatedly told by the company that they wanted her to return to work.  

Ms Tavoraite never returned to work.

Asked by Mr Horan what would happen if a member of staff came into work wearing a chain and cross, Mr Farrell said he had never encountered such a situation.  

The solicitor said, “As far as she was concerned, being a devout Muslim you must wear a hijab. It’s an obligation,” said Mr Horan.

“Her view was: I’m ready to work.  I want to work, but because of my religion I have to wear a hijab.”  

Mr Farrell said Ms Tavoraite was a valued employee and he had said he wanted her to come back to work at numerous meetings.  

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

“It has to be controlled, otherwise it’s a free for all,” he said.