Armed Hold-Ups

Armed Holdup CompensationShortly before 6:00am on 08 June 2010, Gary Allibon and two armed security colleagues were in the course of their work with Chubb Security when they were held up at gunpoint in Goulburn Street, Sydney.  In the course of the hold-up Mr Allibon was shot and died later that morning at the Royal Prince Alfred Hospital.

Unfortunately, armed hold-ups are becoming all too frequent in our community causing both physical and emotional injury.  Perhaps the most distressing aspect of these attacks is that the vast majority of them are preventable.

The courts have been quick to identify the risks.  Justice Boland of the New South Wales Industrial Relations Commission said in a judgment recently:

Armed hold-ups represent a serious threat to employees not only in banks but also in all manner of places where goods and cash are kept including service stations, retail outlets and warehouses.  The duty on employers is to make certain employees are not exposed to risk their health, safety and welfare whilst at work and that responsibility extends to circumstances where an armed offender might confront employees.

Derrick –v- Australian and New Zealand Banking Group Limited [2003] NSWIRC406

Beilby Poulden Costello have had a number of successful claims recently acting on behalf of the victims of robberies.  One of those cases involved a lady who was the subject of an armed hold-up whilst working for a fast food restaurant and another was employed to look after the takings from the gaming area at a hotel.  In each case we have been successful in demonstrating that the appropriate measures were not taken to ensure the safety of our clients, as a result of which they have suffered loss and injury.  The claims were settled prior to trial.

By Scott Hall Johnston