Coles dismissed a long-serving Sydney employee after he grabbed and held a suspected shoplifter outside a neighbouring Liquorland, then ignored a suspension and returned to the store the next day. The worker had been employed for 10 years before his termination.
According to the tribunal record, the employee detained the suspected shoplifter for a couple of minutes following an alleged theft. Coles initially suspended him and instructed him to stay away while it investigated the incident.
When the worker came back to the store the following day, Coles proceeded with dismissal on two grounds: the physical confrontation with the suspect and failure to comply with the suspension directive.
The Fair Work Commission found that Coles had a valid reason to dismiss, but described the outcome as harsh given the employee’s lengthy clean record and ordered compensation of just over $6,480.
"staff should never approach alone, should always have a witness present, and should not touch, search or accuse the person," reads the NSW Police Force’s Protect Your Business guidance.
Legal and policing frameworks complicate attempts by retail staff to intervene. Most states allow a form of citizen arrest, but the power is tightly constrained: force must be reasonably necessary and the person and any property must be handed to an authorised officer as soon as reasonably practicable.
Paul O’Halloran, an employment lawyer and partner at Dentons Australia, argued that Coles’ decision was legally defensible. He pointed to employers’ obligations under occupational health and safety laws and the duty of employees to take reasonable care for their own safety when confronting unpredictable or potentially armed individuals.
Retailers are reporting rising incidents of theft and assault. The 2025 Retail Crime Symposium found 70% of retailers reported an increase in customer theft, and 51% said they experienced physical abuse at least monthly.
The risks of confronting alleged offenders are stark. The article referenced recent fatal attacks: Van Viet Truong was assaulted and later died after attempting to stop shoplifting in Sunshine, a good Samaritan was stabbed during an attack at Mernda train station, and a doctor in Doncaster was fatally stabbed after chasing teenage burglars; the offender in that case received a 17 year sentence with a 12 year non-parole period.
Victoria Police and other authorities advise retailers to call Triple Zero and to design rostering and training so staff are not left alone to handle violent incidents, recommending realistic scenario training and minimum two-person shifts where practicable.
Security providers and some legal advisers warn employees against instinctive physical intervention. One security firm cited in the discussion advised that giving up property, such as car keys, can be a safer option than trying to stop an offender.
The tribunal’s decision illustrates the tension between frontline workers’ instincts to act and legal limits on using force. Employers, police guidance and workplace safety laws collectively place the responsibility for confronting crime on trained responders and on organisational measures to reduce risk.
