An employee has taken Woolworths to the Fair Work Commission claiming he was unfairly dismissed following an incident that the company says was an armed hold-up but the employee claims it wasn’t.
36-year-old Indian citizen Tapan Mistry’s services were terminated following, what the company terms, a “serious incident” at the Beckenham store on October 7 last year wherein a person demanded money from him and later left the store without paying for the items he had picked up.
The company alleged Tapan failed to comply with the offender’s demands for money, he exposed himself and others to serious risk of harm.
“It was alleged that on 7 October 2016 during a serious incident in store you failed to act in accordance with the Armed Holdup procedure when an offender entered the store and demanded money and cigarettes,” his termination letter reads.
The letter also mentions another incident where the employee had allegedly failed to follow food safety procedures.
However, Tapan says his termination is unfair and claims the company is using the incident to get rid of him because of an ongoing dispute over his annual leave.
He says the incident wasn’t an armed hold-up or a robbery as the offender was neither armed nor did he threaten him at any point.
In his statement given to the Fair Work Commission, Tapan said the offender came to him at the cash register with a couple of items and demanded money from him.
“I scanned the items which came to $8.65. I told the customer the price and waited for the payment. He just waited there without saying or doing anything. A few seconds later he said ‘Give me the money.”
Tapan says the offender was calm and did not threaten him. He said he believed the man was perhaps asking for change but forgot to pay for the items in the first place.
But when the alleged offender once again repeated his demand and told him he would I’ll jump the counter,” he said that’s when he realised the situation was different.
The man then demanded “smokes” before a couple of customers walked into the store and he left with the items without paying for those.
Tapan claims he informed his line manager and filed an incident report.
The police confirmed that the alleged offender was charged for stealing.
Woolworths has safety guidelines to deal with difficult customers and armed hold-up procedures.
But Tapan says this incident was different.
“The company should define their policy clearly. If you start complying with anyone’s demands for money.. someone isn't armed, doesn’t threaten you, there's no forced entry.. it can be any customer who forgets to pay and asks for change or asks for money, you will have such incidents five times a day,” he told SBS Punjabi.
Tapan says he feels discriminated against.
“I lost my job which has placed me under severe financial stress. I was suspended right after the incident instead of being provided emotional support.
“All because I stood up for my rights and involved the union in my pay dispute with the company,” he said.
Woolworths declined to comment on the case.
“We would not comment on an ongoing matter currently before the commission,” said a company spokesperson.
