I wasn’t allowed to work because of my hijab, claims sales assistant

A former sales assistant at Dunnes Stores has claimed that she wanted to work her rostered hours but could not do so as she was not permitted to wear a hijab at work.

Loreta Tavoraite, aged 35, of Parknamore, Ballincollig, Co Cork, has brought a case for unfair dismissal against Dunnes Stores of 46-50 South Great Georges St, Dublin.

Ms Tavoraite, who is originally from Lithuania, began work at Dunnes Stores in Ballincollig on Jul 26, 2007.

The Employment Appeals Tribunal heard that she subsequently converted to Islam and wanted to wear a hijiab — which covers the hair, but which leaves the face exposed — at work.

Staff at Dunnes wear a standard uniform and no alteration is allowed, the tribunal heard.

In Oct 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 her religion was her own business and her business only. He said the uniform was their image as a company and she had to wear the standard uniform as required by the company.

There were more meetings, including disciplinary meetings, and correspondence between management at Dunnes and Ms Tavoraite in an effort to resolve the impasse. She was repeatedly advised by the company that they wanted her to return to work. She never did.

At a meeting in early November she was told that a basic part of her contract was that she would attend work and that if she continued not coming to work they would have to consider her contract and that it might be terminated.

She was dismissed from her post on Nov 6, 2010.

Her solicitor Patrick Horan said his client would say that she wanted to work her hours, “but was told you can’t come to work wearing a hijab... so she couldn’t come into work”.

“As far as she was concerned being a devout Muslim, you must wear a hijab. It’s an obligation.

“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 that at numerous meetings he said he wanted her to return to work.

He told the tribunal that when an employee was wearing something which was not part of the uniform they were not allowed 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 come across it.

Ms Tavoraite will give evidence in November.