[2025] FWC 784
What happened
the Applicant 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. the Applicant claimed to have ADHD and medication shortages impacting his focus.
What was decided
The Fair Work Commission ruled the Applicant’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 Respondent only needed to demonstrate the dismissal was consistent with the Code, which it was. The Commission accepted the employer’s witnesses’ evidence and found the Applicant’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.
Want this applied to your situation?
Reading the decision is free. FairWork Mate goes further — it reads the full case library and applies precedents like this one to your specific facts, citing the cases as it reasons. General information, not a guaranteed outcome or legal advice.
Send your details to Liquid Employment Lawyers
Liquid Employment Lawyers is a paid legal service and our referral partner, not free Fair Work advice. FairWork Mate may receive a referral fee from Liquid Legal. Tell them what has happened and a member of their team will call you back. For free general guidance, use our tools or call the Fair Work Ombudsman on 13 13 94.
Prefer to read first? About Liquid Employment Lawyers · Not sure if you need a lawyer? Read the legal help guides
Want more cases like this?
FairWork Mate tracks Fair Work Ombudsman, Fair Work Commission and Federal Court decisions across Australia. The AI advisor answers plain-English questions grounded on the full corpus — awards cited, industry, penalty amounts and affected employee counts — with a citation to the underlying decision on every answer.
FairWork Mate AI
This is one decision. Pro reads all of them.
Free case pages cite the top 250 decisions. Pro opens the full Fair Work Commission and Federal Court library, cross-references your own situation against it, and cites the decision behind every answer — plus document upload, so it can read your letter or contract line by line. 150 questions a month, cancel anytime.
Renews monthly at A$29.99 until you cancel. By continuing you agree to our Terms.
Get notified on new Fair Work cases
Free email alerts when we publish new underpayment decisions, penalty orders, and workplace law updates.