A Coles worker who was sacked after he tackled a teen shoplifter while on a break has secured a payout of almost $6,500 after a workplace tribunal found he was unfairly dismissed.
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he → sack → 6,500
Ryan Anderson, who worked at Coles' Pyrmont store in Sydney, was sacked in December, just 10 days after he restrained a suspected shoplifter who was allegedly attempting to leave with four-packs of alcohol concealed in cooler bags.
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who → work → bags
In evidence to the Fair Work Commission, Mr Anderson said there was a workplace culture of 'inaction' to prevent theft and, while there were previously security guards at the doors, they had since been removed.
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they → say → doors
He said colleagues felt they had to take matters into their own hands, including stopping shoplifters by blocking the exit, attempting to hold them or their trolley, shouting at or chasing them, or posting a photo of them in a WhatsApp group.
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they → say → group
Mr Anderson told the commission the suspected shoplifters were teenage girls who were 'well known' for allegedly stealing from the store and verbally abusing and assaulting workers.
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who → tell → workers
During a night shift on December 1, the casual team member said he spotted the pair walking past the self-checkouts with items in their baskets.
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pair → say → baskets
Mr Anderson said he confronted the two girls after seeing them allegedly walk out of the store without paying for items in their baskets.
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them → say → baskets
He took his break and walked out of the Coles store before he began talking to the two teenagers as they entered the adjacent Liquorland store, telling them not to enter as they were underage and not allowed in.
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they → take → them
Coles worker Ryan Anderson was sacked after tackling a suspected teen shoplifter near the Pyrmont store
He said he went on a break after seeing two teenagers allegedly walk out of the store without paying for items in their baskets
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teenagers → sack → baskets
Mr Anderson told the commission his directions were ignored before one of the teenagers threw a four-pack of alcohol onto the concrete outside.
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one → tell → concrete
While a Liquorland staff member contacted police, Mr Anderson said he attempted to restrain one of the suspected shoplifters, holding her around the shoulders and upper body, and moving with her around the store as she pulled against him.
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she → contact → him
The commission heard this occurred for around two minutes and 20 seconds before Mr Anderson realised the police were not due to arrive promptly.
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police → hear → minutes
He then let the teenager go.
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teenager → let → ?
Mr Anderson told the commission police attended the scene hours later and informed him he had acted within the law.
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he → tell → law
Two days after the incident, Coles managers suspended Mr Anderson as he arrived for his shift.
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he → suspend → shift
He told the commission he had no support person or union representative with him.
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he → tell → him
He returned the following day with a union delegate to demand written documentation of the suspension order.
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He → return → order
The Coles manager told the commission she felt shaken but tried to defuse the situation and act professionally as she organised some documentation for Mr Anderson.
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she → tell → Anderson
She then asked Mr Anderson to leave, but said he refused, prompting another manager to call police, the commission heard.
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commission → ask → police
FWC Deputy President Judith Wright ruled that Coles had a valid reason to dismiss Mr Anderson, but that the sacking was 'harsh and unreasonable'
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sacking → rule → Anderson
Mr Anderson, who was employed at Coles for over 10 years, was dismissed on December 11 after two disciplinary hearings for breaching the company's 'Threatening Situations' policy.
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who → employ → policy
The rules state workers must avoid putting themselves in situations that could hurt them or others, keep a safe distance from aggressors and never follow anyone out of a store.
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that → state → store
FWC Deputy President Judith Wright ruled that Coles had a valid reason to dismiss Mr Anderson, but that the sacking was 'harsh and unreasonable.
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sacking → rule → Anderson
'
'Mr Anderson's actions while on a break in restraining the suspected shoplifter and the ensuing struggle could have resulted, even inadvertently, in Mr Anderson or the suspected shoplifter sustaining injuries,' she said.
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she → restrain → injuries
'If this occurred, Coles would have been liable for such injuries even if Mr Anderson was on a break at the time of the incident.'
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Anderson → occur → incident
However, she said there was insufficient evidence to prove that Mr Anderson exited the Coles store to pursue the teens and that he likely held a 'genuine belief' that Coles' policy did not apply to him because he was on a break at the time.
She also described the tussle as a 'one-off, isolated incident' and referenced Mr Anderson's 'unblemished' employment record at Coles.
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She → say → Coles
Deputy President Wright declined Mr Anderson's request for his job back, noting he had not shown any remorse for his actions.
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he → decline → actions
Instead, she ordered Coles to pay him $6,483 in compensation.
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she → order → compensation
The Daily Mail has contacted Coles for comment.
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Mail → contact → comment
The Aporia
