A long-serving BWS bottleshop worker has won her unfair dismissal case after being fired for intervening in a violent shoplifting incident. Wendy Blair, who worked at the Launceston store for 17 years, was sacked in January 2026, but the Fair Work Commission (FWC) ruled her dismissal harsh, unjust, and unreasonable.
Rising Theft and Store Policy
From June 2025, the Prospect Vale store experienced a significant increase in theft, with approximately 16 incidents recorded in six months. The store manager described the period as "not a fun place to work," and other staff noted too many incidents to recall. Thieves often employed a "swarming" tactic, entering the store in groups, usually masked, to steal goods before fleeing. BWS policy emphasized de-escalation and instructed staff to avoid confrontation, discouraging employees from putting themselves at risk by directly intervening.
Prior Incidents and Warnings
In July 2025, Ms. Blair received a "first and final warning" after grabbing the bag of an offender during a swarming incident, leading to a brief struggle and smashed bottles. The warning stated that her actions constituted "substantiated misconduct" and breached training modules related to staff safety and avoiding being a threat. The letter warned that further misconduct could lead to dismissal.
Ms. Blair acknowledged she should not have grabbed the offender's bag but disputed the severity of the warning. Two months later, during another swarming incident involving two masked intruders, Ms. Blair began closing the roller door while telling the offenders to leave. The thieves fled, and police were called. Staff began calling her "The Enforcer" following this incident. The store manager claimed to have warned Ms. Blair against lowering the door, but the FWC accepted that Ms. Blair did not realize she had been formally "reproached" as no formal conversation or breach report occurred.
Final Incident and Dismissal
On January 9, 2026, three offenders, including two masked females and a male previously involved in a window-smashing incident, swarmed the store. While another staff member verbally confronted the male offender and a third called the police and pressed the duress button, Ms. Blair emerged from the storeroom and began lowering the roller door. As the door descended, the female offenders began to leave, while the male offender threatened another staff member with a knife, saying, "If you do not let me out I will stab you." Upon exiting, the man threw a bottle at a staff member, striking his thigh.
The following day, an investigation began, with staff reporting that the partially lowered roller door contributed to the escalation. Ms. Blair was subsequently called to a meeting and informed she had not followed policies and had placed colleagues and customers at risk. The area manager made the decision to dismiss Ms. Blair, citing her "lack of remorse and accountability."
Fair Work Commission Ruling
Fair Work Commissioner Ben Redford found the dismissal to be "harsh, unjust and unreasonable." He stated that Ms. Blair acted instinctively in a highly charged situation, attempting to make the offenders leave as quickly as possible. Commissioner Redford noted that the FWC was struck by BWS placing all blame on Ms. Blair, without adequately considering the verbal altercation between another staff member and the offender. The Commissioner suggested it was equally plausible that the offender was antagonized by the verbal exchange as by the roller door being lowered.
BWS was ordered to reinstate Ms. Blair and pay her 50 percent of the wages lost since her dismissal.