Sickie Shenanigans Backfire: A Timely Reminder About Trust and Misconduct
A recent decision by the Fair Work Commission has again reinforced the importance of honesty and trust in the workplace. In this case, a solicitor’s decision to misuse sick leave for a weekend away—and post about it on social media—ultimately led to his summary dismissal being upheld as fair.
“Sick leave is built on trust, not a technicality to be exploited. When that trust is broken, the consequences are often swift and justified.”
What Happened?
The Melbourne-based solicitor called in sick for two workdays (a Friday and the following Monday), claiming he was unwell. However, his employer later discovered he had travelled interstate to Adelaide to attend AFL events and had posted about the weekend on social media platforms.
His employer, a small law firm, acted swiftly under the Small Business Fair Dismissal Code, asserting that the solicitor’s behaviour amounted to serious misconduct. The solicitor challenged the termination by lodging an unfair dismissal claim with the Fair Work Commission.
The Commission dismissed the claim, finding that the employer had a reasonable belief that serious misconduct had occurred and was justified in terminating the employee without a full investigation.
Key Takeaways for Employers
This case is a reminder of two essential principles for managing misconduct in the workplace:
1. The Small Business Fair Dismissal Code Can Offer Protection
Where an employer has a reasonable basis to believe serious misconduct has taken place—such as dishonesty, falsified documentation, or a breach of trust—the Code can be relied upon to justify immediate dismissal, even without a formal investigation.
2. Documentation Still Matters
Although a full investigation was not required in this case, the employer’s ability to point to deceptive conduct, misleading medical documents, and a false statutory declaration supported the Commission’s decision. Maintaining clear records of misconduct helps uphold fair process and protect against future disputes.
Why Integrity in the Workplace Matters
Trust is central to every employment relationship. When it is broken—particularly through deliberate dishonesty—dismissal may not only be fair but necessary to protect the integrity of the workplace.
“The integrity of the employment relationship relies on trust. Once broken, dismissal may be not only fair but necessary.”
What This Means for Small Business Employers
Small businesses often face challenges in managing employee conduct while meeting legal obligations. This case shows that when serious misconduct occurs, a reasonable and documented response can stand up to scrutiny. However, employers should still aim to follow a fair and balanced process, even when the circumstances seem clear-cut.
At The BelRose Group, we support employers to navigate complex HR and employee relations matters with clarity, professionalism, and care. If you’re unsure how to manage a misconduct issue or apply the Small Business Fair Dismissal Code correctly, our team is here to help.
Need guidance on managing misconduct in your workplace? Contact The BelRose Group for tailored advice.