Are ‘dodgy’ footy fans making the ‘sickie’ a kick out on the full?

Yes or at least they are showing that, with appropriate evidence, FWC won’t tolerate them!

In Mitchell Fuller v Madison Branson Lawyers Pty Ltd [2025] FWC 784 (7 April 2025) the FWC found an employee had wrongfully and dishonestly claimed sick days using an online medical certificate and subsequently a statutory declaration so he could attend the AFL’s Gather Round in Adelaide and in doing so was justifiably summarily dismissed.

The employee who has ADHD (unknown to the employer), made submissions that burnout necessitated a ‘mental health day’. However, FWC found that feeling stressed or needing time off didn’t automatically justify paid leave requirements under the NES, distinguishing this from being incapacitated by illness. Additionally, the employer was able to provide highly credible evidence - i.e. photographs and ticket purchases - that the solicitor employee had spent at least the weekend in Adelaide in what was obviously a social setting, with no evidence of illness or sickness at all.

This case was remarkably similar to Anderson v Crown Melbourne Ltd [2008] FMCA 152 (3 March 2008) where another ‘football fanatic’ also dishonestly obtained a medical certificate so he could take time off to attend the last game as Essendon coach of AFL legend Kevin Sheedy in Perth - which was causing him a great amount of stress.

In this case, the employer became aware that the employee was planning to take sick leave to attend the game, and advised him against it, suggesting he pursue other options such as annual leave or shift swaps. The employee failed to heed the employer’s warning and upon returning to the workplace argued that the employer had no right to question his medical certificate. The court disagreed concluding that the employee was in “excellent” physical health, wasn’t suffering from any depressive or “diagnosable” medical condition and wasn’t ill around the time of the game. Accordingly, the employee’s unlawful dismissal application failed.

Our Take

These cases demonstrate that there is a ‘fine line’ between compassionately managing employees’ psychosocial well-being and maintaining honesty and integrity in the leave system/process. Only where there is cogent evidence that an employee is being dishonest would we recommend challenging a medical certificate.

We understand that there is the ‘a mounting perception’ that online medical certificates are ‘too easy’ to obtain and don’t take into account the needs of the workplace. However, like many changes that were forced upon workplaces during COVID, such processes were necessary on public health grounds, and we think they are here to stay.

We consider that there is a better cost/benefit outcome by focusing on proactively managing workplaces psychosocial health and managing issues such as burnout and needing a ‘mental health day’ through more effective leave and workload management than unreasonably scrutinising each and every medical certificate you get.

Action Items

• Use One on Ones - to get to know your direct reports and manage their leave and workload before they start to exhibit burnout or other psychosocial symptoms.

• Train your employees and use comprehension testing as evidence - so that employees are clear on entitlements to leave, leave notice and evidence requirements, and expected standards of honesty.

• When there are disputes about leave - demonstrate your own levels of honesty and integrity in the assessment of the facts in dispute and your subsequent processes to deal with them.

Edge Legal

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