Workplace Dress Code and Fundamental Rights

Abstract

A Quebec grievance arbitration tribunal recently affirmed that an employee, just by being in a relationship of subordination to the employer, does not waive the right to his or her image and personal appearance. A priori, aspects of an employee’s physical appearance benefit from the right to privacy and in certain cases the right to freedom of expression and can be regulated by the employer only for considerations that are substantial and valid and only if the means used to do so are proportional to the underlying objective.

Keywords: Personal Appearance, Dress Code, Fundamental Rights, Quebec, Privacy, Freedom of Expression, Salaried Employment


download pdf