A Tasmanian BWS worker who spent about 17 years with the company was sacked after she partly lowered the store's roller door during a violent theft, in a bid to make the offenders leave. The Fair Work Commission found there was no valid reason for her dismissal and ordered her reinstated.
What the Commission decided
Ms Wendy Blair worked at BWS stores for Endeavour Group Limited from around 2009 and had no record of conduct or performance problems before mid 2025. Her store then went through a wave of theft related incidents, including so called swarming events where groups of offenders rush in, grab stock and leave quickly.
During one such incident in January 2026, three offenders entered the store. One threw a bottle at a colleague, Mr Carydakis, injuring his thigh. Partway through the incident, Ms Blair began lowering the store's front roller door and told the offenders to leave, apparently trying to hurry them out. She had done something similar once before, in September 2025, and instead of being disciplined, colleagues nicknamed her
What this means
This case is a useful illustration of how the Fair Work Commission scrutinises whether an employer had a valid reason for dismissal, a key issue in many unfair dismissal claims, particularly in Tasmania where this matter arose (see unfair dismissal in Tasmania).