Banned from Coles for adding a staff employee on facebook

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piano0011

Well-Known Member
6 August 2018
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Hello!

My banned is over now but now long ago, I was banned from Coles for adding a female employee on facebook. I did however say hello and ask if I could add her on Facebook or not. I guess my mistake was that I did not save the conversation as proved to show to the manager. As a result, the manager did not believe my word and banned me for a year. My banned is over now but still would like some opinions as whether this is lawful? I think they can ban anyone they like but I felt it was harshed and the manager did not even listen much to my point of view. Thank you for your kind assistance.

from,

Mervin
 

Tim W

Lawyer
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28 April 2014
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Outside of discrimination, I cannot imagine any grounds on which the act of banning you for creeping out a young staff member could possibly be unlawful.
 

piano0011

Well-Known Member
6 August 2018
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So, is it better not to flirt at all with any employee whether this is face to face or via using software? I actually thought that they would give you a warning first before banning someone?
 

Tim W

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28 April 2014
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Mate, any way you come at it, you're in the wrong here.

Think it through.

Firstly, you went to the effort of finding her based only on her first name and her job.
That's stalking.

You cannot prove that she consented to the "friending" - that's harassment.

And somehow, no matter at all if you meant it or not,
she became uncomfortable enough with you,
somehow in the work context, that she felt the need to mention it to her manager,
who banned you.

The employer's obligations to the safety and welfare of their staff
prevail over every other duty they have.
That manager was well within her/his rights to ban you from the shop.
You actually want to be grateful that all she/he did was ban you for a time.
 

piano0011

Well-Known Member
6 August 2018
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121
I guess I wasn't thinking it through and acted hastily. It would be different if the girl like you and approach you instead.. I guess....
 

piano0011

Well-Known Member
6 August 2018
28
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121
I have also been wondering about flirting.... I guess it would be wise not to do it with a staff member at any stores? How about flirting with some customers? Will they also notify the manager of that store?
 

Atticus

Well-Known Member
6 February 2019
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I have also been wondering about flirting.... I guess it would be wise not to do it with a staff member at any stores? How about flirting with some customers?
No mate... You don't 'flirt' with workmates or customers. Especially not these days, & not if you want to keep your job & away from police.

A friendly chat is fine. If you develop a friendship from that all good. As consenting adults you can then take it further from there if you both want..
 

piano0011

Well-Known Member
6 August 2018
28
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121
No mate... You don't 'flirt' with workmates or customers. Especially not these days, & not if you want to keep your job & away from police.

A friendly chat is fine. If you develop a friendship from that all good. As consenting adults you can then take it further from there if you both want..
Thanks for the advice and also just to note, even though that I didn't flirt in facebook, all I did was to ask her if I could add her or not and I got banned from doing that. Is this legal on their part? I understand that she must have felt uncomfortable with a stranger adding her but I should have taken a screen shot of my message and shown that to the manager because I didn't keep a backup of that conversation. She informed the manager about me and deleted that particular conversation....
 

Tim W

Lawyer
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28 April 2014
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Is this legal on their part?
Yes, it is 100% lawful.

Having had the complaint arise in the context of her work, and
having made the complaint to her manager, thereby enlivening the employers' WHS duties, and
having regard to the employer's duty to ensure the safety and welfare of their workers,
then banning you temporarily from the store was reasonable, practical, proportionate,
and yes, lawful.
 

piano0011

Well-Known Member
6 August 2018
28
0
121
thanks for the kind assistance and I guess that is it important to not flirt with anyone, unless they are the ones who initiate it... cheers!