| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 300/05 |
| Hearing date | 30 Jun 2005 |
| Determination date | 08 August 2005 |
| Member | D King |
| Representation | E Telle ; P Shaw |
| Location | Auckland |
| Parties | Williams v Kimberley Fashions Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Constructive dismissal – Alleged discrimination on basis of sex because required to wear makeup - Instruction that appearance should be to high standard, staff should wear a complete ‘Kimberleys’ look and makeup to be worn to complete the look – Difficulties with new manager – Applicant suffered from a number of medical conditions – New job description included reference to requirement to wear makeup – Issues with applicant being late – Meeting to discuss lateness – Prior to meeting manager given note stating director was unhappy with applicant’s appearance – Note not intended to form part of meeting but was read at end of meeting – Prior to this, applicant said she thought she would hand in her notice - Applicant responded that she was sorry she looked as she did, but she had been diagnosed with cancer and was on medication – Applicant felt she was being singled out and discriminated against for being ugly and unattractive – Applicant resigned though made no reference to any of those issues – Disciplinary meeting not unfair – Bringing up appearance matters at meeting not wise but deliberate distress not intended – Not suspended – Respondent entitled to expect staff to be well groomed and well presented – Nothing unreasonable in a fashion retailer wanting its staff to look good and that must include, within reason the requirement to wear makeup – Requirement not in breach of relationship of trust and confidence – No constructive dismissal - Assistant manager |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | Auckland Shop etc Employees etc IUOW v Woolworths (NZ) Ltd [1985] ACJ 963; [1985] 2 NZLR 372;Business Distributors Ltd v Patel [2001] ERNZ 124;Edmonds v Attorney-General for New Zealand [1998] 1 ERNZ 1;Oats v Hovenden [1997] ERNZ 614;Wellington etc Clerical etc IUOW v Greenwich [1983] ACJ 965;Wellington Road Transport etc IUOW v Fletcher Construction Co Ltd [1982] ACJ 663 |
| Number of Pages | 6 |
| PDF File Link: | aa 300_05.pdf [pdf 38 KB] |