Video Footage Did Not Support Dismissal

By CCH

Video footage can be counter-productive for employers in dismissal cases.

The Australian Industrial Relations Commission (AIRC), in a decision concerning a sacked Coles checkout operator, questioned why the employer had only provide 6 minutes of the 11 minute security video as evidence in her unfair dismissal case over $12 grocery transaction.

The incident involved a co-worker's purchase of goods. After scanning her discount cards, Flybuy cards and credit card, the co-worker filed to complete the transaction. The goods were placed behind the register in sealed bags. Eight minutes later the applicant advised her supervisor that a customer departed without paying. She told management she couldn't remember serving the co-worker, but was then shown the footage. The footage showed some confusion behind the register, that the applicant did not seem to be having a conversation with the co-worker. If the applicant had been attempting to defraud Coles, she would not have told her supervisor about the error. This was seen as a sign of honesty by the Commission. It was against company policy to leave items behind the counter, but as it seemed to be common store practice, the applicant could not be blamed for breaching that policy.

Medina v Coles Supermarkets Australia Pty Ltd AIRC (PR958078) (16 May 2005)

(CCH Work Alert; issue 6, 12 July 2005)