Business
FWC Dismissed Woolworths ‘Plumber’s Crack’ Case, Calls Claim a Cash Grab
The Fair Work Commission has dismissed a Woolworths unfair dismissal case filed by a casual worker who claimed his feelings were hurt after a co-worker told him to cover his plumber's crack. Deputy president Alan Colman found the worker was never dismissed, he continued working after filing and later stopped turning up. Colman called it a speculative claim to extract a settlement and noted it was the worker's fifth FWC application in two years. The case highlights a growing crisis, the FWC expects 55,000 cases this financial year, up 70 per cent in three years.
The Fair Work Commission quickly threw out an unfair dismissal claim by a Victorian Woolworths casual worker who was told to get a cover for his plumber’s crack. He never got fired and kept coming to work after filing the claim. The commission used the case to highlight a system being buried by unnecessary allegations.
Key Highlights
- The Fair Work Commission dismissed the case after finding the worker was never actually dismissed by Woolworths.
- The worker made the complaint when a workmate had told him to cover up his plumber’s crack during an informal shift.
- Woolworths later confirmed the man was still rostered on shifts when he made the claim, and then failed to arrive
- President Alan Colman branded the allegation as mere speculation designed solely to elicit a cash settlement from Woolworths.
What Went Down
A man employed at Woolworths in Victoria has filed an unfair dismissal claim when a co-worker told him, to conceal what Fair Work Commission deputy president Alan Colman described in his ruling as “the cleft of his bottom protruding from… trousers”. The employee, who felt insulted, filed an application that he had been dismissed in violation of his workplace rights.
Colman dismissed the entire case in a decision released last week. Woolworths informed the commission that it knew nothing of any dismissal of the worker and that he continued to show up for shifts after the claim was lodged, before ultimately failing to attend work altogether.
Why the FWC Threw The Case Out
Colman was blunt in his remarks. He wrote: ‘This case had nothing to do with dismissal. It was, “clearly a claim made (in the hope) of getting a cash settlement without Woolworths having to defend it.” The worker also disregarded the commission’s instruction to participate in the telephone hearing regarding his own requests.
Colman highlighted that this was the person’s fifth application to the FWC in two years, a behaviour which he said removed any doubt over the intent behind the claim. The commission said this sort of case is deeply unjust, both to Woolworths, which has had to respond to this claim, and workers with valid claims languishing in line awaiting their day in court.
Expert Take
The Fair Work Commission workload alarm sounded clearly and loudly through Colman’s use of the Woolworths plumber’s crack case. The commission expects 55,000 cases this financial year, a 70% rise in just three years, and FWC president Justice Adam Hatcher blamed applicants using AI tools to generate claims more easily than ever.
“There is no distinctiveness for speculative claims, and thus they come in great numbers, compounding the commission’s burgeoning workload,” he said, urging the system to figure out a way of closing the door on cases viewed as time-wasting.
FAQs
- Was the Woolworths worker dismissed?
No, Woolworths said he was never actually fired but continued doing shifts after lodging the claim until he ceased attending of his own accord.
- Why did the FWC dismiss the case?
There was no dismissal because, as deputy president Colman found, it was a claim based on speculation which sought to push Woolworths into settlement without there being a real workplace dispute.
- What is the cause of the overload of Fair Work?
Commission AI tools that potentially allow anyone to file claims without merit, and for less than $15 in most cases, have made it easier than ever to file. And an estimated 55,000 cases are likely this financial year alone, a leap of 70% over three years.
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