A Victorian Woolworths worker has had his unfair dismissal claim thrown out after the Fair Work Commission found the case had no basis and unnecessarily burdened the tribunal’s already growing workload.
The man alleged he was unfairly treated after a workplace incident in which a colleague told him, in blunt terms, to cover up his “plumber’s crack” — a reference to his exposed lower back while working a casual shift.
Fair Work Commission Deputy President Alan Colman dismissed the application in a decision published last week, saying there was no evidence the worker had actually been dismissed at all.
“Anyone wanting insight into the phenomenon of unmeritorious claims in the Fair Work Commission may wish to consider [this case],” Deputy President Colman said, warning that such applications add to the Commission’s “burgeoning workload”.
The Commission heard that the worker was upset after the comment, saying his “feelings were hurt”, and subsequently filed an unfair dismissal claim seeking compensation from Woolworths.
However, Woolworths told the Commission the employee had continued to pick up shifts after lodging the claim, and later simply stopped turning up for work. The company maintained that there had been no termination or dismissal process at any point.
Deputy President Colman found the claim was effectively speculative and not grounded in any actual dismissal, noting it appeared to be an attempt to pursue a financial settlement rather than a genuine workplace dispute.
“This case had nothing to do with dismissal,” he said, describing it as a claim made in pursuit of compensation “that would spare Woolworths the nuisance of defending it”.
The worker also failed to attend a scheduled telephone hearing, which the Commission noted further undermined the application. It was also revealed that this was his fifth application in two years.
The ruling comes amid growing pressure on Australia’s workplace tribunal system. Fair Work Commission President Justice Adam Hatcher has previously warned that filings are rising sharply, with close to 55,000 cases expected in a financial year — up around 70 per cent over three years.
He has attributed part of the increase to the use of artificial intelligence tools assisting applicants in preparing claims, many of which may lack proper legal grounding.
Deputy President Colman said cases like this are unfair not only to employers who must respond to baseless allegations but also to other workers waiting for legitimate disputes to be heard.
“It is unfair to respondents who have no case to answer. It is unfair to applicants with cases of substance waiting their turn to be heard,” he said, warning that there is currently little deterrent to filing speculative claims.
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