A First Nations woman who endured what she describes as a 'derogatory and humiliating' security screening at a regional Coles supermarket has successfully secured the right to advance a racial discrimination lawsuit. Janice Edwards was utilising a self-service checkout at the Coles store in Dubbo, located in western New South Wales, during March 2024 when the terminal malfunctioned, prompting her to seek assistance from a staff member.
Incident Details and Tribunal Findings
Rather than resolving the technical error, the employee initiated a security protocol by displaying an image of Ms Edwards' face on the screen alongside video footage of her scanning groceries. Ms Edwards informed the NSW Civil and Administrative Tribunal that her repeated requests to remove the image were ignored, and the staff member proceeded to re-scan all her items. This action implicitly suggested there was an issue with her scanning or an unaccounted item, though no theft or attempted theft occurred.
Senior Tribunal Member Jill Gatland emphasised in her judgment that Ms Edwards was left feeling humiliated and embarrassed by the handling of the situation. Ms Edwards, familiar with the self-scanning technology, contended the security check was conducted in a manner that a non-Indigenous person would not have experienced, alleging unfair treatment based on her race.
Legal Proceedings and Evidence
Ms Edwards was granted leave to pursue her complaint against Coles after challenging the NSW Anti-Discrimination Board's decision to discontinue its investigation. The tribunal determined that Ms Edwards had no alternative but to undergo the security check to complete her shopping, a point that will be central to future hearings. Member Gatland noted that Ms Edwards may demonstrate at a final hearing that the terms of her purchase were altered due to her racial background.
Coles did not imply any misconduct by Ms Edwards in their evidence, with Gatland highlighting her status as an upstanding senior community member in Dubbo. The absence of any suggestion of wrongdoing underscores the possibility that she was treated differently because of her race. Evidence from a Coles customer service manager indicated that self-scanning cameras can be oversensitive, and staff are trained to avoid blaming customers.
The case has been scheduled for directions at a later date, with Coles contacted for comment by The Daily Mail. This incident raises significant questions about retail security practices and racial equity in customer interactions.
