An employee successfully took down her boss in court after he sacked her on her first day of work after she revealed her “broken teeth”. Nieuwsblad reported that Belgian worker Justine, 35, suffers from a hereditary disease that means her teeth are prone to breaking.
In August 2020, during the pandemic, she started working for an insurance broker. On her first day, a colleague offered her a drink and the exchange that followed led to Justine being fired on the spot.
She said: “A colleague offered me a cup of coffee and I accepted. I took off my mask and she saw my broken teeth.
“I explained that it was the result of a hereditary disease and that a planned operation had been postponed. She didn’t say anything, but when I came back after my lunch break, I was called aside and told I’d better find another job.
“I had to sign a document saying that I agreed to be made redundant. My self-confidence took a big hit. I wanted to get out of there as soon as possible.”
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The expelled insurance worker took her employer to court following her dismissal. During the legal proceedings at Aalst Labour Court, the employer argued that Justine should have disclosed her dental ailment prior to accepting the position.
“I didn’t think about that at the time,” Justine said in response. “I was always taught that abilities take precedence over appearance and I tried to emphasise them.
“I also knew that my problem would be solved. It is now. I have dentures.”
Defence lawyers representing the employer also alleged that Justine acted in an aggressive manner and was abusive.
“These lies weigh on me. To this day, I suffer”, she said. “Fortunately, I have found a new job in the meantime, with the municipality.”
The court found that the insurance broker did not sufficiently evidence their allegations against Justine.
Belgian law stipulates that employers cannot dismiss staff on the basis of appearance or disability.
The judges awarded Justine six months’ gross salary as compensation for material and moral damage caused by the incident.
The court heard that “the argument that the employee provokes negative reactions from customers or colleagues because of her appearance cannot (be) considered as a legitimate reason to justify discrimination”.
