Unfair dismissal claim thrown out after Woolworths worker stopped taking shifts because of ‘hurt feelings’
A Victorian man has lost a lawsuit alleging unfair dismissal after an embarrassing interaction with a colleague left him reluctant to return to work as a casual worker at Woolworths.
Earlier this week, the Fair Work Commission said Victorian Anthony Davitkov had made an “unfair claim” when he sought compensation from his former employers at Woolworths, who had never actually fired him.
Mr Davitkov made the application after an awkward interaction hurt his feelings, Fair Work Commission Deputy Chairman Alan Colman ruled on Thursday.
“During a casual shift at Woolworths, Mr Davitkov was told by a colleague that the slit of his bottom was sticking out of his trousers. He was rudely advised to cover it up,” Mr Colman wrote.
“Mr. Davitkov was upset. His feelings were hurt. He filed an application alleging that he was dismissed in violation of his workplace rights.”
The decision alleged that Woolworths representatives were taken aback when contacted by the Commission, that Mr Davitkov continued to work shifts even after making his request, and subsequently stopped coming to work.
“I found that Mr. Davitkov was not dismissed. He had no authority to apply. This case had nothing to do with the dismissal,” Mr. Colman wrote.
“This was obviously a speculative claim made with the aim of reaching a monetary settlement that would save Woolworths the trouble of defending it.”
The decision stated that Mr Davitkov “ignored” the instruction to attend the telephone hearing and that this was Mr Davitkov’s fifth application in two years.
