BWS worker was dubbed 'The Enforcer' after confronting masked thugs... Then she was sacked. Why Fair Work ruled the bottleshop got it very wrong

By MADELEINE DAMO - WEALTH AND WORKPLACE REPORTER Published: 07:06, 3 August 2026 | Updated: 07:06, 3 August 2026 A long-serving bottleshop worker has won her unfair dismissal case after she was sacked for intervening in a violent shoplifting incident. Wendy Blair, who worked at BWS in Launceston's Prospect Vale from 2009 until her dismissal in January 2026, took her former employer to the Fair Work Commission and prevailed last week.   Wendy Blair had no performance issues during her 17 years' employment and her store manager of five years described their working relationship as 'really good', according to the published Fair Work Commission decision. The FWC found that, from June 2025, the store faced a sharp rise in theft, with about 16 incidents recorded in just six months. Store manager Gavin Curtis-Flynn gave evidence that the store 'wasn't a fun place to work' during that time, while another worker, Samuel Carydakis, said there were 'too many' incidents to recall. Thieves often used a tactic known as 'swarming', descending on the store in groups to grab as much as they could before making a quick escape, usually wearing masks or balaclavas. BWS staff were trained to put safety first and avoid confrontation, while attempting to deter theft where possible, the FWC heard.  The training discouraged employees from putting themselves at risk by antagonising customers, accusing them of theft, or directly intervening in a theft incident. Wendy Blair (left) had worked at a BWS store in Launceston's Prospect Vale from 2009 until her dismissal in January 2026 From June 2025, the store began experiencing a surge in theft-related incidents, recording about 16 occasions over six months In regard to potential swarming incidents, the training suggested that staff 'politely request individuals provide identification' and 'advise the juveniles that they are required to leave the store'. During the hearing, there was some debate about how reasonable BWS's theft policies were, and whether they implied that employees were expected to stand passively in a hostile or scary situation. BWS emphasised that its policies were centred on the safety of employees through de-escalation and passivity. In July 2025, Ms Blair was handed a 'first and final warning' following a swarming incident with four offenders, in which she grabbed an offender's bag and prompted a short struggle, causing bottles to fall and smash. In her warning letter, Ms Blair was told that the episode involved 'substantiated misconduct' and breached four training modules, including the directives that staff should never be seen as a threat and should never put themselves or colleagues at risk. Any further unacceptable behaviour, misconduct or breaches could result in further disciplinary action, including dismissal, the letter warned, and immediate improvement was expected. Ms Blair told the FWC she accepted she should not have grabbed the offender's bag, but did not agree that she deserved a first written warning. A second swarming incident occurred two months later on September 11, involving two balaclava-clad intruders. Ms Blair said words to the effect of: 'We're closing, you need to leave,' and began closing the roller door slightly. During Wendy's 17 years at the store, she had no performance issues. Her manager described their working relationship as 'really good'  Blair has won her unfair dismissal case against her former employer after she was sacked for trying to stop thieves in a violent shoplifting incident The FWC heard it was a 'split-second decision' Ms Blair had never made before. The thieves fled soon after and police were called. Following the incident, staff began calling her 'The Enforcer', with a sticker reading 'Wendy the Enforcer' placed near the roller door, where it remained until January.  Store manager Mr Curtis-Flynn said the sticker and tongue-in-cheek nickname were light-hearted in nature, but insisted he had warned Ms Blair not to lower the door again while offenders were in the store, as it could escalate the situation. However, Ms Blair was adamant that this conversation never happened. The FWC accepted that, because there was no breach reported or formal conversation, Ms Blair did not realise that she had been 'reproached'. On January 9, just before 7pm, three offenders, including two masked females and a male who had smashed the store's window three months earlier, swarmed the store. After two minutes, the trio of thieves went to leave, holding bags full of stolen liquor. A customer at the time gave evidence to the FWC that the male offender was 'hyped up from the minute he walked in the door,' was 'abusive, particularly towards the two male staff members', and used 'vulgar and sexual language'. Mr Carydakis, who was on shift, immediately began yelling for the offender to 'get out' and continued having a verbal altercation with the man, the FWC heard. Another man on shift, Benjamin Darrow, called the police and then pressed the store's duress button. At that point, Ms Blair emerged from the storeroom, where she had been until then, and began lowering the roller door, saying words to the effect of 'leave the store now, we are closing, go.' As the roller door descended to about a third of the way down, the two female offenders began to leave, while one briefly tried to stop the door. Ms Blair stopped the door as it reached the halfway point. At about the same time, the male offender threatened Mr Carydakis, saying, 'If you do not let me out I will stab you.' Upon leaving the store, the man threw a bottle at Mr Carydakis, which struck him on the thigh. The following morning, store manager Mr Curtis-Flynn commenced an investigation and was told by Mr Carydakis that the partial closing of the roller door contributed to the situation escalating and the subsequent assault. After completing two more shifts without incident, Ms Blair was called to a meeting and was told she had not followed policies and had placed her colleagues and customers at risk. At the meeting, Ms Blair recounted how the male offender seemed anxious and 'totally focused' on Mr Carydakis. The pair were 'eyeballing' each other and exchanging words. The decision to dismiss Ms Blair was made later that day by the area manager, Mr Nathan Merret, who cited her 'lack of remorse and accountability'. In his decision, Fair Work Commissioner Ben Redford was satisfied that this dismissal was 'harsh, unjust and unreasonable for several reasons', and that Ms Blair was trying to make the offenders leave as quickly as possible. 'It was a highly charged situation, she acted instinctively, and she was trying to do the right thing,' Commissioner Redford said. Commissioner Redford also said that he was 'struck' by how BWS placed all the blame on Ms Blair and did not consider the verbal altercation that occurred between Mr Carydakis and the offender. In his decision, Commissioner Redford said it was equally conceivable that the offender had been antagonised by the verbal sparring with Mr Carydakis as he was by the roller door being lowered. BWS was ordered to reinstate Ms Blair's employment and back pay her 50 per cent of the wages she'd lost following her dismissal.