NT Made a Citizen's Arrest After Assault - Can Employer Fire Me?

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20 December 2016
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A guy was about to assault me at work. He is a drunk aboriginal fella. He came toward me, and I was about to fight, but I asked him not to throw things around store. He threw a cup at me, coffee cardboard. I went to pick up, and when I stood up, he was walking towards me yelling 'Make me c**t', in my personal space, and not stopping.

As he 'tensed up' ready to swing, I put him in a headlock to stop being assaulted again. (I was attacked by 2 people one year ago, when the cowards punched and chased me with a knife. They got 4 years. Please let me know who to see as I want to sue. They went to court and were convicted 2 months each. Can someone please give some separate opinions on this matter? It's in the same workplace in Darwin, nightshift.)

Anyhow, we both were in a headlock and a customer comes in and breaks it up. I call the police, telling him he is going to be arrested and saying "How dare he assault me at my workplace". He was saying, when other customer asks why he did it, "I'm sorry man, I shouldn't have done it" over and over.

After calling the police, I tell him to go to back of the store as I did not want him near me or my customers. As I am leading him to where to stand, he makes a break for the door, pulling things behind him to make me trip. The doors were locked, but he tried! I yell at him to get to the end of the store which he now does.

The police came in and arrested him. I have a cracked rib, which is now good.

I'm suspended from work at the moment pending a "formal meeting" to "discuss" how I kept him for arrest. Not in their policy to let anyone get arrested for assaulting you apparently!

I was assaulted again at my work by drunk customers. I made a citizen's arrest. I used reasonable force and did not punch him - just got him arrested.

I was having a great Friday night at work, everybody happy...then he came in.

I was assaulted and now it seems my work wants to fire me "as a problematic employee" (it has not been said that I am being fired, but after being told it was just a discussion and I was not in trouble, to doing a turn around and being told it might be one of their options from someone totally incompetent in dealing with what happened. I should've been talking with HR, not someone with some sort of gripe with me because I told him he handled my first assault inadequately and pushed me to the side'ish, whenever I brought it up!

I have been working four years full time with no complaints from my customers. I love them, they love me. Why all this? Why this witch hunting?

I have had 2 ops. This is all I can do and I planned on chugging along here for the rest of my days. I love my job and they know I am good at what I do. Sales. All I did was what anyone would want, to have their assailant arrested, and I citizen arrested him.

They are saying I should have just let him go - that is an insult to me and shows they are only looking out for themselves and because of my steadfastness in this and standing up, they are looking far any reason. They saw that I was not the assailant on the video, and they said something and I defended myself so it seems they are looking for this.

Can my 'right' to make a citizen's arrest, no matter where it happens, be taken away from me by my employer and can they fire me because I was exercising my right? That's implying I, as a person have no right to have him arrested. I am nearly 50, have been full time for 4 years. I do not want to lose my job because of something I didn't start.

I feel insulted. I am seeing a psych because of multiple attacks in this city, so violent at night. I will never be able to get full time again at 50. This, in the time since the first assault has cost me personally about 10 thousand dollars, this is a little thing to anyone but me. I understand that, but this is "my life", "my income" and "the way I live". This is the most important single thing at this precise time of my life and age, and this job is my world!


Please, for the love of God, is there someone who will stand up for me, the scared little guy being chewed up by the giant and then spat out? Please help me, please! Someone who still cares about the "little guys" and will say "I will stand with you"...but, in these days, it seems no one cares anymore.

Big companies are just too big to stand up to now, even when trying to defend yourself and keep your job. I was assaulted twice already and now it feels my employer is assaulting me as a punishment.

There are so many other issues too... pays constantly wrong, etc...another time I guess.

My apologies guys and gals about the rambling, I'm treating you like my psych. Sorry.

So, who likes a challenge?
 

Haley

Active Member
4 May 2014
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Australia
Hi Michael

I can't help you with who to sue for your previous assaults, but if you have suffered injuries at work and have incurred a loss as a result of those injuries, contact WorkCover and they will start an investigation and if necessary, ensure that you are made whole. Secondly, if you believe that you are being treated unfairly at work, contact the office of the Fair Work Ombudsman and they will be able to give you more information or more resources about what your workplace can or cannot do.

I hope this helps.