A Coles employee who intervened against a teenage suspected shoplifter while on his break has won a payout of nearly $6,500 after the workplace tribunal ruled that his dismissal was unfair.
Ryan Anderson, a former worker at Coles’ Pyrmont store in Sydney, lost his job in December—only 10 days after restraining a suspected thief who was allegedly trying to leave with four-packs of alcohol hidden in cooler bags.
Giving evidence to the Fair Work Commission, Mr Anderson described a workplace culture in which staff believed little was being done to stop theft. He said security guards who had once monitored the store’s exits had been removed.
According to Mr Anderson, some employees felt compelled to intervene themselves by blocking exits, trying to stop people or their trolleys, yelling at or following suspected shoplifters, or sharing images of them in a WhatsApp group.
He said the suspected offenders were teenage girls who were allegedly familiar to staff because of previous thefts, as well as claims that they had verbally abused and assaulted workers.
During a night shift on December 1, the casual employee said he noticed the two teenagers moving past the self-service checkouts with goods in their baskets.
Mr Anderson said he challenged the pair after allegedly seeing them leave the Coles store without paying for the items.
He then took his break and exited Coles. When the teenagers entered the neighbouring Liquorland store, he spoke to them and warned that they could not go inside because they were underage.
Coles worker Ryan Anderson was dismissed after tackling a suspected teenage shoplifter near the Pyrmont store
He said he went on his break after allegedly seeing two teenagers leave the store without paying for items in their baskets
Mr Anderson told the commission that the teenagers ignored him before one of them threw a four-pack of alcohol onto the concrete outside the store.
As a Liquorland employee called police, Mr Anderson said he tried to hold one of the suspected shoplifters. He placed his arms around her shoulders and upper body and moved with her around the store as she struggled against him.
The restraint lasted about two minutes and 20 seconds, the commission heard. Mr Anderson then released the teenager after realising police were not expected to arrive quickly.
He said police eventually arrived several hours later and told him that his actions had been lawful.
Two days later, Coles managers suspended Mr Anderson when he reported for work. He told the commission that he did not have a support person or union representative present at the time.
He returned the next day with a union delegate and asked for written confirmation of the suspension.
The Coles manager told the commission that she felt shaken by the confrontation but attempted to remain professional and calm while preparing the requested paperwork.
She later asked Mr Anderson to leave the store. When he refused, another manager contacted police, the commission heard.
FWC Deputy President Judith Wright found Coles had a valid reason to dismiss Mr Anderson, but ruled the termination was “harsh and unreasonable”
Mr Anderson had worked for Coles for more than 10 years before being dismissed on December 11, following two disciplinary meetings over an alleged breach of the company’s “Threatening Situations” 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.
FWC Deputy President Judith Wright ruled that Coles had a valid reason to dismiss Mr Anderson, but that the sacking was ‘harsh and unreasonable.’
‘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.
‘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.’
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.
Deputy President Wright declined Mr Anderson’s request for his job back, noting he had not shown any remorse for his actions.
Instead, she ordered Coles to pay him $6,483 in compensation.
Our News Outlet has contacted Coles for comment.
