QLD Wrongfully restrained ???

Discussion in 'Criminal Law Forum' started by mb71, 6 May 2018.

  1. mb71

    mb71 Member

    6 May 2018
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    Last night my daughter and her friends entered a late night sidewalk restaurant in Brisbane as one of her friends hadn’t had dinner and knew they needed to get something to eat as they had been drinking and was now not feeling well. They sat at a table where they were presented with a menu, unfortunately her friend had obviously had that one drink too many and needed to use the bathroom. My daughter, being concerned, accompanied her friend to the bathroom knowing that her friend was more than likely going to be sick prior to being able to order a meal. My daughter stated that her friend did not make a mess and left the already dirty cubicle no worse than when they entered. Upon exiting the cubicle and about to order their meal, a staff member of the cafe/restaurant demanded that my daughter would have to pay $150 for cleaning the cubicle. My daughter proceeded to tell the staff member that they had left the cubicle in the same state that they had entered and no mess had been added to the already filthy facility. She stated that she would not be paying the $150 considering the state that it was already in. The staff member then proceeded to physically hold my daughter by the wrists and demand that if she didn’t pay they would be calling the police. My daughter has worked as a duty manager of a local country hotel and so has considerable experience in dealing with unwell patrons. Please note, I am not condoning this behaviour of her friend but do not believe the staff member is legally allowed to physically restrain a patron and threaten to call Police. My daughter felt threatened and under duress paid the agreed amount of $120. They then proceeded to leave the establishment as they had been made to feel like criminals. Could you please provide your thoughts, good or bad.
  2. AllForHer

    AllForHer Well-Known Member

    23 July 2014
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    Your daughter's friend potentially has a couple of complaints she could file with police here - assault, being the most prominent.

    You daughter should have just let the staff member call the police, though, rather than pay the money.

    All the same, your daughter's friend should call her local police station and ask them for advice about how to proceed. They will provide some guidance to her about whether she should file a formal complaint or if this one may just be left as a lesson learned and move on.
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