A backdated certificate and one email unraveled an employee's case
A Fair Work Commissioner has raised red flags about online medical certificates, questioning whether they can be trusted in workplace disputes.
In a decision handed down February 4, 2026, Commissioner Riordan dismissed a general protections application from Lexie Buenfeld after she missed the filing deadline by one day. Her excuse? A backdated medical certificate obtained through an online service without ever speaking to a doctor.
The case has implications that extend far beyond one missed deadline. It signals a potential shift in how medical evidence is evaluated in workplace matters at a time when telehealth services have become ubiquitous.
Buenfeld was terminated from Metal Manufactures Pty Limited on October 13, 2025. Under the Fair Work Act, she had 21 days to file her application with the Commission. She lodged it on November 4, 2025, one day late, arguing that medical incapacity prevented her from meeting the deadline.
She provided two medical certificates to support her claim. The first, issued by Berrimah Family Practice on October 3, 2025, covered the period from October 3 to October 31, 2025. When that period ended, she obtained a second certificate dated November 4, 2025, covering November 2 to November 3, 2025.
That second certificate became the focus of Commissioner Riordan's concerns. It was obtained through an online medical certificate service, backdated, and issued without any live...
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