Anthony Davitkov: Unfair dismissal claim thrown out after Woolworths worker stopped taking shifts because of ‘hurt feelings’

A Victorian man has lost a bid to claim he was unfairly dismissed after an embarrassing interaction with a colleague left him unwilling to return to work as a Woolworths casual employee.

Earlier this week, the Fair Work Commission said Victorian man Anthony Davitkov had made an “unmeritorious claim” during his pursuit of compensation from his former employers at Woolworths, who never actually fired him in the first place.

According to a judgment handed down by Fair Work Commission Deputy President Alan Colman on Thursday, Mr Davitkov made the application after an awkward interaction left his feelings hurt.

“During a casual shift at Woolworths, Mr Davitkov was told by a co-worker that the cleft of his bottom was protruding from his trousers. It was suggested, in rude terms, that he cover up,” Mr Colman wrote.

“Mr Davitkov was upset. His feelings were hurt. He lodged an application alleging that he had been dismissed in breach of his workplace rights.”

When contacted by the Commission, Woolworths representatives were baffled, claiming Mr Davitkov had continued to work shifts even after lodging his claim, and that he later stopped turning up for work, the judgment said.

“I find Mr Davitkov was not dismissed. He had no standing to make the application. This case had nothing to do with dismissal,” Mr Colman wrote.

“It was evidently a speculative claim made in the pursuit of a monetary settlement that would spare Woolworths the nuisance of defending it.”

The judgment said Mr Davitkov “ignored” a direction to attend a telephone hearing, and that it was Mr Davitkov’s fifth application in two years.