Coles Worker Wins Unfair Dismissal Payout After Tackling Shoplifter

A Coles worker who was sacked for tackling a suspected shoplifter has secured a payout of almost $6,500 after a workplace tribunal found he was unfairly dismissed. Ryan Anderson, who worked at Coles' Pyrmont store in Sydney, was dismissed in December, 10 days after he restrained a teen shoplifter who was allegedly attempting to leave with alcohol concealed in cooler bags.

In evidence to the Fair Work Commission, Mr. Anderson stated there was a workplace culture of "inaction" to prevent theft and that the store had previously removed its security guards. He testified that colleagues felt compelled to take matters into their own hands, which included stopping shoplifters by blocking exits, attempting to hold them or their trolleys, shouting, chasing, or posting photos in a WhatsApp group.

Mr. Anderson told the commission the suspected shoplifters were teenagers who were allegedly known for stealing from the store and verbally abusing and assaulting workers. On the night of December 1, he reported seeing the two teenagers walk past the self-checkout area with items in their baskets. He confronted them after they allegedly exited the store without paying. Mr. Anderson stated he was on a break and approached the teenagers as they entered an adjacent Liquorland store, telling them they were underage and not permitted entry.

He reported that his directions were ignored, and one of the teenagers threw a four-pack of alcohol onto the concrete outside. While a Liquorland staff member contacted the police, Mr. Anderson said he attempted to restrain one of the teenagers by holding her around the shoulders and upper body, moving with her as she pulled away. This struggle lasted for approximately two minutes and 20 seconds before Mr. Anderson released her, realizing police would not arrive promptly. He later informed the commission that police attended hours later and advised him he had acted within the law.

Two days after the incident, Coles managers suspended Mr. Anderson without a support person or union representative present. He returned the following day with a union delegate to request written documentation of the suspension order. A Coles manager told the commission she felt shaken but tried to handle the situation professionally. She then asked Mr. Anderson to leave, but he reportedly refused, leading another manager to call the police.

Mr. Anderson, who had been employed at Coles for over 10 years, was dismissed on December 11 following two disciplinary hearings for breaching the company's 'Threatening Situations' policy, which mandates workers avoid dangerous situations, maintain a safe distance, and never follow anyone out of the store.

FWC Deputy President Judith Wright ruled that while Coles had a valid reason to dismiss Mr. Anderson, the sacking was "harsh and unreasonable." She noted that the restraint and ensuing struggle could have inadvertently resulted in injuries to Mr. Anderson or the suspected shoplifter, for which Coles could have been liable even if Mr. Anderson was on a break. However, she found insufficient evidence that Mr. Anderson exited the store to pursue the teenagers and believed he held a genuine belief that the company policy did not apply to him while on break. Deputy President Wright described the incident as a "one-off, isolated event" and referenced Mr. Anderson's unblemished employment record.

Deputy President Wright declined Mr. Anderson's request for reinstatement, citing a lack of remorse. Instead, she ordered Coles to pay him $6,483 in compensation.