Why refusing to remove jewellery can lead to dismissal

When it comes to workplace conduct, following reasonable and lawful directions is fundamental to maintaining employment. If an employer has a clear policy requiring the removal of facial piercings, jewellery, or other visible accessories for safety, hygiene, or image reasons — an employee’s refusal to comply can amount to serious misconduct.

This issue is more common than it seems, particularly in industries like retail, hospitality, healthcare, aviation, and manufacturing, where appearance and safety standards are heavily regulated.

Employees need to understand when an employer’s direction about personal appearance is lawful — and why ignoring it could justify immediate dismissal.

When Appearance Policies Are Enforceable

Employers are entitled to set grooming and dress standards when:

• Health and safety are involved (e.g., jewellery near machinery)

• Hygiene requirements apply (e.g., food handling, healthcare)

• Public image matters (e.g., customer-facing retail or hospitality roles)

Where these policies are:

• Clearly communicated,

• Consistently applied, and

• Based on genuine business needs,

they form a lawful and reasonable expectation of the job.

If an employee refuses to comply after being directed to do so, this can breach the employment contract and amount to serious misconduct.

Case Study: Refusing to Remove an Eyebrow Ring Leads to Valid Dismissal

In Woolworths v Brown, an employee working as a butcher was directed to remove his eyebrow ring while at work, in accordance with the company’s dress code and hygiene policies.

The employee refused to comply with the direction. Woolworths dismissed him, citing his failure to follow a lawful and reasonable instruction.

The Full Bench of the Australian Industrial Relations Commission found that:

• The employer’s direction was lawful and reasonable, given the nature of the work (handling food).

• The employee’s refusal was deliberate and unjustified.

• The dismissal was valid and lawful.

This case makes clear that where safety, hygiene, or customer standards are involved, refusal to comply with appearance policies can justify immediate dismissal.

What Makes a Direction Lawful and Reasonable?

For a direction to be enforceable:

• It must be lawful (i.e., not discriminatory or illegal).

• It must be reasonable in the context of the employee’s work.

• It must be based on legitimate business interests.

Typical examples include:

• Removing jewellery when handling food or operating machinery.

• Covering visible tattoos or piercings in customer-facing roles if it impacts the company’s image.

• Following uniform or grooming standards in aviation, retail, or healthcare.

An employer should communicate these rules clearly and consistently across the workforce.

Is Immediate Dismissal Always Justified?

Not automatically. Even where serious misconduct is alleged, an employer must:

• Properly investigate the refusal

• Give the employee a chance to respond

• Consider factors like past performance, service history, and whether the refusal was deliberate or misunderstood

However, a repeated or intentional refusal to comply with a clear direction — especially after warnings — can very often justify termination.

Key Takeaways for Employees

1. Appearance policies are enforceable when they are clear, reasonable, and job-related.
Employees are expected to comply with rules around jewellery, piercings, and grooming when linked to safety, hygiene, or business image.

2. Lawful and reasonable directions must be followed.
Refusing a direction without a valid reason can amount to serious misconduct and justify dismissal.

3. Raise concerns properly if you disagree.
If a direction conflicts with religious or cultural beliefs, raise this respectfully and promptly. Don't simply ignore the instruction.

4. Employers must still act fairly.
Dismissal should follow a proper investigation and consideration of the circumstances.