Newsletters

657

Your employee may be a gem, but can he wear his piercing?

An employer’s right to regulate an employee’s appearance — jewels, tattoos, unusual clothing — has given rise to numerous decisions over the years. Each case’s characteristics can present difficulties, as seen in a recent decision by the Court of Appeal of Québec (Aliments Olympus (Canada) inc. c. Union des employés de la restauration, métallurgistes unis d’Amérique, section locale 9400, 2017 QCCA 813).

The facts: A piercing in the kitchen

The employer operates a restaurant business.

One of its employees, a cook, has been wearing an eyebrow piercing for quite some time. It is a fixed piercing, that cannot be removed by the person who wears it: it must be taken off by a technician, using a special tool. The piercing can only fall if the skin is torn. While he’s at work, the employee covers it with a plaster. Government inspectors in charge of health laws and regulations have never commented on this during regular visits.

Still, the employer instructs him to remove his piercing, invoking s 2.2.3 of the Regulation respecting food [“Regulation”], which provides that:

  Persons who prepare products, wash or clean material and equipment must:

[…]

(5)   refrain from wearing nail polish, watches, rings, earrings or other jewellery;

Upon the employee’s refusal to comply, the employer makes a note in his disciplinary record.

The union files a grievance against this sanction: the grievance is allowed and the sanction is cancelled. The employer takes the case to the Superior Court, then to the Court of Appeal: both confirm the arbitrator’s decision.

The key to the decision: Concern for food safety

First, the arbitrator had mentioned the rationale for the Regulation: to ensure the safety of food products intended for consumption.

She then came to the conclusion that the “other jewellery” mentioned in s 2.2.3 “could not include jewellery unlikely to come into contact with food products” [our translation].

As noted, the employee’s piercing was very unlikely to fall into the food. Therefore, given the circumstances, it did not create a risk of contamination.

What employers must keep in mind

An important consideration is that this case was decided on the basis of its specific facts. It rests on the postulate that only jewellery that could fall into food is prohibited, a restriction that is not clearly expressed in the Regulation. What should be decided regarding a chain worn around one’s wrist, or a medal or a pendant hanging from a chain around one’s neck?

The decision does shed some light on a delicate workplace management question, but leaves out numerous dark areas. Before issuing guidelines on jewellery, a prudent employer will seek an expert’s advice.

By Jacques Bélanger, from our Labour and Employment Law Group.

657

Articles in the same category

An Insurer Is Not Required to Uncover What the Insured Was Required to Disclose

In Kayembe-Kabeya v. Industrielle Alliance, assurance et services financiers inc., 2026 QCCS 1714, the Superior Court sets the record straight on the principle of contractual “utmost good faith”. The Facts In September 2019, Ms. Ricady Mede (hereinafter “Mede”) purchased a life insurance policy from Industrielle Alliance (hereinafter the “Insurer”). A few months later, she died of […]

When it’s too late for latent defects…

The Superior Court recently rendered a judgment in Reinert v. Construction Maurice Bilodeau Inc., 2026 QCCS 2276, dealing with timeliness to give notice in cases of latent defects. The Facts In 2013, Ms. Sylvie Reinert and Mr. Denis Leclerc retained Construction Maurice Bilodeau Inc. (“CMB”) for the construction of a residential building on a vacant lot in Lévis. […]

Insurance Math: One Claim, Two Fires, Three Points of Origin, Zero Recovery: When Circumstantial Evidence Speaks Louder Than a Confession

In Chatel v. Desjardins Insurance, 2026 QCCS 712, the Quebec Superior Court reaffirmed a principle of insurance law: direct evidence is not required to establish an intentional fault. Mr. Chatel claimed $532,000 under his homeowner’s insurance policy following two fires that occurred four days apart. The first caused partial damage to his residence, while the second […]

The Quarrelsome Litigant: When the Right to Sue Becomes a Scourge

Access to the courts is a fundamental right, but what happens when a person uses it not to assert legitimate rights, but to harass others or clog the system to excess? This is quarrelsomeness: the tendency to exercise one’s right to litigate in an excessive or unreasonable manner. Far from being a marginal phenomenon, it […]

Before Buying a Product, Read This: The Rules Are Changing on October 5!

On October 5, 2026, the final amendments to the Regulation amending the Regulation respecting the application of the Consumer Protection Act (the “Regulation“) are expected to come into force, completing the implementation of the new “good working order” warranty in the province of Quebec. When this warranty applies, the merchant or manufacturer will be required to repair […]

No Notice of Default, No Termination

In Pavage Wemindji Inc. v. Compagnie de Construction et de Développement crie ltée, the Quebec Superior Court emphasized that a valid notice of default (mise en demeure) is not just a formality—it’s a precondition to exercising remedies like contract termination in many cases under Quebec civil law. The Decision The plaintiff, Pavage Wemindji Inc. (“Wemindji”), […]