A Melbourne-based lawyer flew to Adelaide for a long weekend. His absence from work on the Friday and Monday was explained in a statutory declaration and online medical certificate.
When a HR consultant later spotted Instagram photos of the healthy looking employee enjoying the AFL, beach and pubs, the employee was dismissed.
The employee’s Unfair Dismissal Application was unsuccessful. The Fair Work Commission found that the employee’s “conduct and attitude was utterly incompatible with his ongoing employment as a solicitor at the firm, where integrity and honesty are paramount”.
Take Out Point: Sick leave is a privilege, not a perk.
See: Mitchell Fuller v Madison Branson Lawyers Pty Ltd (U2024/10086)