Fair Work Commission backs employer in sick leave dispute
Employment lawyer Skye Rose. Picture: Supplied
When does faking a sick day to watch a footy game cross the line from a questionable choice to grounds for dismissal? A recent Fair Work Commission (FWC) decision highlights that a fabricated sick leave claim can justify an employee’s summary dismissal. The case of Fuller v. Madison Branson Lawyers Pty Ltd [2025] FWC 784, provides valuable insights for employers on managing dishonest conduct by employees and the action that employers can take in response to malingering.
Mitchell Fuller, a Melbourne-based solicitor, planned an interstate trip for the AFL “Gather Round.” Despite booking flights and AFL tickets earlier in the week, he didn’t request leave. Instead, after flying to Adelaide, he emailed work on Friday claiming he was unwell and unable to come in. He then spent the weekend socialising and attending games.
While driving home from Adelaide on Monday, Fuller again emailed his employer claiming “discomfort” prevented him from using public transport. He obtained an online medical certificate for Monday and later provided a (false) statutory declaration to support his application for personal leave on Friday. His employer, Madison Branson Lawyers (a small business), later discovered social media photos of his Adelaide trip. Following an investigation where Fuller was evasive, he was dismissed for serious misconduct due to dishonesty.
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