Well not sure how newsworthy this will be
, then again depends on how desperate they get.
Legal action against Coles, need advice
- Thread starter jerrybee
- Start date
Well not sure how newsworthy this will be
, then again depends on how desperate they get.
I totally agree that legal action is not the right choice. Which jerrybee acknowledges a few posts in. He was pissed off and over-reacted, but calmed down and is happy to look at the reality of the situation.
But I don't think it should just be dismissed as a case of getting over it.
I don't know all the specifics or the laws involved but I think it is absolutely worth standing up for your rights. If there is a problem with how customer rights are being handled, or how security is conducting themselves, then it will continue if everyone ignores the issue.
I have seen some great security guards. I have seen some terrible, power tripping security guards. I would prefer to see more of the former, less of the later and standing up for your rights is one way to help ensure that.
I think in this situation it is also important to ensure your girlfriend is aware of her rights and how to handle the situation if it happens again in the future.
I would also be annoyed if I spoke to a manager and they did not take me seriously. I would contact fair trading and make sure you know what your rights are and what was handled incorrectly by the security and coles.
Contact Coles (like others have said, social media is always a good bet if they are slow to respond) and make sure you tell them that you have spoken to fair trading. Sure, it's a lot more work than doing nothing, but you can make sure it is dealt with properly. There is a certain satisfaction in ensuring that annoying people actually have to do their job properly!
But I don't think it should just be dismissed as a case of getting over it.
I don't know all the specifics or the laws involved but I think it is absolutely worth standing up for your rights. If there is a problem with how customer rights are being handled, or how security is conducting themselves, then it will continue if everyone ignores the issue.
I have seen some great security guards. I have seen some terrible, power tripping security guards. I would prefer to see more of the former, less of the later and standing up for your rights is one way to help ensure that.
I think in this situation it is also important to ensure your girlfriend is aware of her rights and how to handle the situation if it happens again in the future.
I would also be annoyed if I spoke to a manager and they did not take me seriously. I would contact fair trading and make sure you know what your rights are and what was handled incorrectly by the security and coles.
Contact Coles (like others have said, social media is always a good bet if they are slow to respond) and make sure you tell them that you have spoken to fair trading. Sure, it's a lot more work than doing nothing, but you can make sure it is dealt with properly. There is a certain satisfaction in ensuring that annoying people actually have to do their job properly!
^^^+ 1. Agree. Forms of thuggery, bullying and intimidating behaviour should not go unnoticed and unremarked upon. Jerrybee's girlfriend's English is not her first language so it is likely she is foreign-born. If she is being singled out for 'special' treatment purely because she looks like a foreigner, different ethnic or religious group, then that obviously is a cause of concern and I understand her reluctance and anxiety in shopping at supermarkets in future or at least that particular supermarket.
If I was in China and I stepped out of a store only to be questioned harshly in Chinese by a security guard in a language I barely understand, then chased when I ran to the helpdesk by a yelling and furious burly man, I would be frightened too.
Because English is our first language, we can easily fail to understand how someone who is not proficient in the language can get confused and frightened when being confronted in this country.
If I was in China and I stepped out of a store only to be questioned harshly in Chinese by a security guard in a language I barely understand, then chased when I ran to the helpdesk by a yelling and furious burly man, I would be frightened too.
Because English is our first language, we can easily fail to understand how someone who is not proficient in the language can get confused and frightened when being confronted in this country.
I would rather not live in a litigious society where we sue each other over every miniscule misunderstanding and hurt feeling.
If your girlfriend was genuinely traumatised by the incident, she is likely mentally unstable.
Complain to Coles about the security guard, but don't start a frivolous lawsuit for the sake of it.
What the hell is wrong with people?
If your girlfriend was genuinely traumatised by the incident, she is likely mentally unstable.
Complain to Coles about the security guard, but don't start a frivolous lawsuit for the sake of it.
What the hell is wrong with people?
A lack of empathy seems to be a common one.
I'd sue if the grounds were there. Probably a few quid in it and more if you can play the ethnic card.
If the guard touched you- that's assault.
Depending on how the guard phrased it there may be unlawful imprisonment.
You know I'm constantly surprised with some of the reactions on this forum.
Coles make bucketloads of money yet can't afford to train a security guard properly. Everyone seems to think this is Ok."Stop the senseless litigation!" hums the hivemind.
But as for pro bono I get a bit annoyed with the expectation lawyers should give it up so freely. It's a bit like if I ask you to mow my lawn for the next 6-12 months but not pay you. Where are all the pro bono lawnmowers, plumbers, sparkies etc?
Personally the pro bono work would be better applied towards getting the kids suffering psych conditions from being stuck in Immigration detention centres out from behind bars.
If the guard touched you- that's assault.
Depending on how the guard phrased it there may be unlawful imprisonment.
You know I'm constantly surprised with some of the reactions on this forum.
Coles make bucketloads of money yet can't afford to train a security guard properly. Everyone seems to think this is Ok."Stop the senseless litigation!" hums the hivemind.
But as for pro bono I get a bit annoyed with the expectation lawyers should give it up so freely. It's a bit like if I ask you to mow my lawn for the next 6-12 months but not pay you. Where are all the pro bono lawnmowers, plumbers, sparkies etc?
Personally the pro bono work would be better applied towards getting the kids suffering psych conditions from being stuck in Immigration detention centres out from behind bars.
And they don't seem to be. I think 'it's not fair' is not grounds for suing.
The guard wouldn't be a Coles employee, but a third party provider.
As to the OP, without knowing exactly what happened it's hard to say, but running from security isn't standard fare, unless you were being assaulted.
Most likely everyone was a little at fault.
From what was said I think she made a very reasonable decision and it was not really the reaction of someone trying to run from security.
From my understanding, a person in normal clothes stopped her accused her of shoplifting but could not produce a credible security ID. Not knowing if they were security or not, she ran back to the people she could be fairly sure were legit - the Coles help desk.
Sure, it could have been handled with less fuss but a partial language barrier doesn't help. I know I would prefer my partner take the safer route if she was even a little bit unsure of the situation.
From my understanding, a person in normal clothes stopped her accused her of shoplifting but could not produce a credible security ID. Not knowing if they were security or not, she ran back to the people she could be fairly sure were legit - the Coles help desk.
Sure, it could have been handled with less fuss but a partial language barrier doesn't help. I know I would prefer my partner take the safer route if she was even a little bit unsure of the situation.
As someone that has been in retail for 25 plus years hopefully I can shed some light on process..
It is a condition of entry that you offer your bag for inspection when you leave the store.(there are signs in store entries in most retailers)
People forget that these retailers are private property and as such may enforce bag checks,no drinking etc..same as some people would ask you to leave your shoes at the front door etc
Never ever accuse the customer of stealing goods..like ever..
The person conducting the search must not place their hands either on the person or in the customer bags under any circumstance,if required they can ask for the person to remove items out of the bag to allow for a clear view into the bag..
The customer may refuse for their bag not to be checked..but why would you?
Agree as in earlier posts that quality of 3 rd party guards can be very very ordinary at times..
Any misunderstanding should be able to be resolved by the Store Manager at the said store...that's what he gets paid for!!
And shop theft costs billions a year to all retailers...and is growing year on year!!
It is a condition of entry that you offer your bag for inspection when you leave the store.(there are signs in store entries in most retailers)
People forget that these retailers are private property and as such may enforce bag checks,no drinking etc..same as some people would ask you to leave your shoes at the front door etc
Never ever accuse the customer of stealing goods..like ever..
The person conducting the search must not place their hands either on the person or in the customer bags under any circumstance,if required they can ask for the person to remove items out of the bag to allow for a clear view into the bag..
The customer may refuse for their bag not to be checked..but why would you?
Agree as in earlier posts that quality of 3 rd party guards can be very very ordinary at times..
Any misunderstanding should be able to be resolved by the Store Manager at the said store...that's what he gets paid for!!
And shop theft costs billions a year to all retailers...and is growing year on year!!
As a kid I used to do a fair bit of shop lifting. I figured that if prices have been adjusted to factor in the cost of stolen goods then I wasn't really stealing from the shop.
A shop makes a provision for stolen goods, similar to bad debts. I was merely making sure that provision was being properly utilised lol.
A shop makes a provision for stolen goods, similar to bad debts. I was merely making sure that provision was being properly utilised lol.
The one who is running away is normally the guilty one. It is no wonder that the customer running away caused a heightened level of concern. However, I don't know the full story. Nor am I saying that she did anything wrong.
However, if you were a mate discussing it with me, I would be saying really? Suing? Just don't shop there anymore. Give feedback though. Perhaps they can improve.
However, if you were a mate discussing it with me, I would be saying really? Suing? Just don't shop there anymore. Give feedback though. Perhaps they can improve.
Having worked for Wesfarmers your first point of call would be to make an appointment with the store manager and advise him what occurred and see if they are receptive to listening to your point of view.
You may be surprised at what can happen at those meetings.
If you feel you are not be listened to call, call Coles head office in your state and ask for the area manager for the store and repeat.
Best of luck.
You may be surprised at what can happen at those meetings.
If you feel you are not be listened to call, call Coles head office in your state and ask for the area manager for the store and repeat.
Best of luck.
Judging by your photo, I'm not surprised they searched you, and with the drug detection wand, that wigs not foooling anyone
I thought they did/do have to
Ever, or just in this situation...
Hi
If I knew that comment when I was a teenager I would have stolen so much as a kid!
But instead I did without, might have to inform my young nephew though of your thoughts.
Regards,
alicudi
Sure it's not just loss of face?
Nice that you support your girlfriend but now you're getting all upset over a misunderstanding.
She needs to get back on the horse. You could support her by going into Coles together next time. Even consider apologising to the security guy for not understanding/co-operating with him next time she sees him. You'll all feel better then.
If you want to get back at Coles, shop at Woolies.
you are speculating I know but im starting to see your view on that,
is she asian?
op, if its a face thing, then this is her first lesson in australian culture
security guards have no powers of arrest other than a citizens arrest under the crimes act - same as you and me. unwanted physical contact is generally assault.
ps. I am not a criminal lawyer so all of this is wrong.
