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self-expression

By McCarthy Tétrault LLP | 3 Minutes Read December 3, 2013

Be prepared to justify employee dress code policies

Most people have experience with an employee uniform or dress code policy (mine is “business casual”). There are often very good reasons to have employees look or dress a certain way. It can assist with productivity, promote professionalism and branding, and ensure uniformity. As such, employees’ attire/appearance can be a legitimate concern for employers. However, to the extent that a policy has no rational connection to a business need or unduly infringes on an employee’s self expression, it may be successfully challenged by unions.

Article by McCarthy Tétrault LLP / Employee Relations, Health and Safety, Human Rights, Union Relations / attire/appearance, business casual, canadian employment law, dress code, dress code policy, dress code policy is reasonable, duty to accommodate, employee dress code policies, employee’s race, employment law, ethnic identity, revealing large tattoos, self-expression, unionized workplaces, wearing excessive body piercings

By Alison J. Bird | 3 Minutes Read April 8, 2013

Employers should think carefully before imposing a dress code

While employers may believe that they have a broad right to regulate what employees wear in the workplace, this is not the case. The question of what requirements an employer can impose on an employee’s appearance can actually be quite complex because the imposition of dress codes create a tension between an employee’s right to look the way they want and the employer’s business interest in regulating appearances. Unless an employer can provide an objective explanation of why the dress code is necessary, arbitrators typically find in favour of employees’ interests in self-expression.

Article by Alison J. Bird / Employee Relations, Health and Safety, Human Rights, Union Relations / ban on the footwear, breach of the rule, breach of the rule could result in discharge, collective agreement, control the hazard, dress code, dress codes, employees’ apparel, employment law, enforceability of a rule related to employees’ apparel, enforceable rule, health and safety concerns, Labour Law, Occupational Health and Safety Committee, policies and procedures, policy is meant to achieve a legitimate business interest, regulate what employees wear in the workplace, requirements an employer can impose on an employee’s appearance, risk assessment to identify the hazard, self-expression, unionized context

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