A former Woolworths employee has had his compensation claim thrown out by the Fair Work Commission after he alleged he was dismissed for being told to cover his exposed buttocks. Deputy President Alan Colman described the case as unmeritorious and a waste of the commission's time.
The man, a casual worker in Victoria, claimed he was upset after a co-worker told him in crude terms that the 'cleft of his bottom' was visible from his trousers. He lodged an application alleging dismissal in breach of workplace rights, seeking compensation.
However, Colman found that the man had never actually been dismissed. Woolworths confirmed that the man continued to work shifts after lodging his claim and only later stopped attending work. 'He had no standing to make the application,' Colman said, noting the case was 'evidently speculative' and aimed at a monetary settlement.
Colman criticised the lack of disincentives for such claims, which he said contribute to the commission's growing caseload. Lodgements have surged from 29,631 in 2020-21 to 44,075 in 2024-25, with AI tools like ChatGPT cited as a driver by Commission President Justice Adam Hatcher.
The man failed to attend the telephone hearing, ignoring directions. Colman dismissed the application ex tempore, warning that such cases are unfair to respondents and to applicants with genuine cases waiting to be heard.
