A Dublin amusement arcade receptionist who was fired after she told her employer she intended to wear a Muslim head scarf at work and wanted a prayer room has been awarded €6,160 compensation by the Employment Appeals Tribunal.
The tribunal found that Linda Heffernan-Benkouider was unfairly dismissed by KSK Enterprises trading as Amusement City, Westmoreland Street, Dublin. After two hearings, it ruled that the dismissal of Ms Heffernan-Benkouider over the phone was "wholly in breach of fair procedures and natural justice".
It unanimously decided that the reason for the dismissal was not her intention to "wear a hijab at work or her demand for a prayer room, but the manner in which this information and request" was presented to KSK.
"It indicated that she did not intend to mend her attitude."
In its finding, the tribunal accepted that KSK "had a number of problems" with Ms Heffernan-Benkouider and she contributed to her dismissal.
She started working part-time in 1995. She was made full-time in 1999 and became the front-desk receptionist.
KSK's managing director, who is unnamed and referred to as the MD by the tribunal, said everything had gone well for a number of years. She was needed for the front desk as she was Irish and spoke English. The MD claimed that problems with time-keeping arose in 2003 and she had spoken to her about "throwing her weight around".
"She felt she was treated differently because she was married to an Algerian and she brought her resentment about this to work."
Ms Heffernan-Benkouider was given a written final warning after she insisted on taking time off at Christmas 2003 to go on an Italian holiday.
The MD's letter said she realised some of the mood and behaviour patterns "may be attributed to the Ramadan period where, as is part of your religion, you went without food for long periods."
The MD also told Ms Heffernan-Benkouider that during Ramadan her appearance was "unkempt" which was not desirable for a receptionist.
When Ms Heffernan-Benkouider returned after her holiday, the tribunal said she had a heated phone call with the MD when she informed her "she would be wearing the hijab to work and that she wanted a prayer room".
The MD told her if she did not like the contents of the letter "not to blackmail her about her religion. She told the claimant that they could not continue like this, that they had better part company."
Ms Heffernan-Benkouider said she had called into KSK after her holiday to inform the management as a matter of courtesy that she would be wearing the hijab from January 5th.
She claimed that when she told the MD, she responded by saying this was "rubbing salt in the wound" and that it was not part of her uniform.
She denied that she had requested a prayer room and claimed she was dismissed because she wanted to wear her scarf.