Woolworths Employee’s Unfair Dismissal Claim Dismissed Over “Plumber’s Crack” Incident

A Victorian man employed casually at Woolworths reported that a co-worker told him his “plumber’s crack” was visible and urged him to cover it. Claiming his feelings were hurt, he lodged an unfair dismissal application under Part 3-1 of the Fair Work Act, alleging termination. The Fair Work Commission found no dismissal; the employee continued to work after filing and later stopped attending shifts. Deputy President Alan Colman dismissed the claim ex tempore, labeling it speculative and without merit.

The Sydney Morning HeraldThe Guardian

• Employee – a casual Woolworths worker from Victoria, filing his fifth claim in two years.

The Sydney Morning Herald

• Woolworths – denied any dismissal and noted the employee’s continued shift work.

The Sydney Morning Herald

• Fair Work Commission – the workplace tribunal, represented by Deputy President Alan Colman.

The Sydney Morning Herald

• Justice Adam Hatcher – Commission President, commenting on claim trends.

The Guardian

Lodgements to the Commission rose from 29,631 in 2020-21 to 44,075 in 2024-25 (? 49 % increase), with projections above 50,000 for 2025-26; AI tools have been cited as a factor since 2022. Justice Hatcher links part of the surge to AI tools, noting a break in the historic link between dismissal claims and labour-market conditions.

The Guardian

The Commission found the employee lacked standing because no dismissal was recorded. Colman warned that unmeritorious claims burden respondents and delay genuine cases. Hatcher noted AI-generated language in filings, suggesting a new driver of claim volume.

The Guardian

Commission officials called speculative claims “unfair to respondents who have no case to answer” and harmful to applicants with substantive grievances. Colman said the lack of deterrents encourages repeat filings, as shown by the employee’s multiple applications.

The Sydney Morning Herald

Applications rose from 29,631 in 2020-21 to 44,075 in 2024-25 (? 49 % increase), with projections above 50,000 for 2025-26; AI tools have been cited as a factor since 2022.

The Guardian

The employee’s claim of dismissal conflicts with Woolworths’ account and the Commission’s finding of continued work. No direct employee statement appears in the sources, and any internal disciplinary action remains undisclosed.

The Sydney Morning Herald

• “Anyone wanting insight into the phenomenon of unmeritorious claims in the Fair Work Commission may wish to consider the case of [the complainant], whose application … I dismissed ex tempore earlier today,” — Alan Colman, Deputy President, Fair Work Commission

The Guardian

• “There is no effective disincentive for speculative claims, and so they come, in great numbers, compounding the Commission’s burgeoning caseload.” — Alan Colman

The Guardian

• “In the previous decade, there was a clear correlation between the number of dismissal-related applications and the state of the labour market,” — Justice Adam Hatcher, President, Fair Work Commission

The Guardian

• “The clue that the growth in lodgments was AI-driven first became apparent by the widespread use of AI-generated language in the applications being filed.” — Justice Adam Hatcher

The Guardian