[2025] FWC 784
Citation: [2025] FWC 784
What happened
Mitchell Fuller was dismissed from his role as a solicitor at Madison Branson Lawyers on August 4, 2024, after it was discovered he lied about his whereabouts and claimed sick leave on April 5 and 8, 2024. He had flown to Adelaide with friends, attending AFL games and socializing, while falsely claiming illness to his employer. He booked the flight on April 1, 2024, and obtained medical certificates, one online and one from his doctor, to support his claims. The law firm had six employees at the time of dismissal. Mr Fuller claimed to have ADHD and medication shortages impacting his focus.
What was decided
The Fair Work Commission ruled Mitchell Fuller’s dismissal was not unfair. The Commission found Madison Branson Lawyers, a small business, was entitled to rely on the Small Business Fair Dismissal Code. The employer only needed to demonstrate the dismissal was consistent with the Code, which it was. The Commission accepted the employer’s witnesses’ evidence and found Mr Fuller’s evidence lacked credibility. The Commission also noted the medical certificates provided were not contemporaneous with the alleged illnesses and were based on later recollections. The application for unfair dismissal remedy was dismissed.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/documents/decisionssigned/pdf/2025fwc784.pdfWant more cases like this?
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This summary was drafted by AI from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →