b'CASE LAW DISMISSALMr Mitchell Fuller v Madison Branson Lawyers Pty Ltd [2025] FWC 784 (7 April 2025)The Legislation: The key legislation in this case includes provisions Practical Implementation/Learnings: from the Fair Work Act 2009 (Cth) related to unfairdismissal and the small business dismissal code. 1.Sick leave must reflect actual illness:Under the Fair Work Act. Key factors to this case Employers may be justified in dismissingwere: employees who claim sick leaveAn employer may summarily dismiss an employee dishonestly. Medical certificates obtainedif there is a valid reason related to the employees without a genuine consultation or basedconduct, including dishonesty or serious on false information may not protect anmisconduct. empeprlofoyreme aifn ccoe nmtraanrayg eevmideenntc peo elixcyists.The small business dismissal code provides a 2.Trust and integrity are paramount:streamlined process allowing small businesses to Dishonestyincluding false witnessfairly dismiss employees for valid reasons, statements or statutory declarationswillincluding falsifying information or fraudulent be taken seriously by the Commission andconduct. may justify summary dismissal.Employees who believe they have been unfairly 3.Documentation may be overridden bydismissed can lodge an application under section evidence: Even with a medical certificate,365 of the Fair Work Act. if an employer has credible contraryThe burden is on the employer to show the evidence (e.g. social media, ticket receipts),dismissal was for a valid reason and that the the FWC may find that the employee wasreason justified termination, including summary not genuinely unfit for work.dismissal if applicable. 4.Social media use can have employmentFalse statements, dishonesty, and misuse of paid consequences: Posting images or detailsleave are recognised as valid grounds for online that contradict sick leave claims candismissal. trigger disciplinary action. Employers mayProviding false evidence or statutory declarations rely on such evidence in misconductcan constitute serious misconduct, potentially investigations.amounting to perjury. 5.Summary dismissal justified whereconduct is serious: The decision confirmsIn this case, the employer relied on these provisions that providing false evidence or misleadingto justify summary dismissal due to Mr Fullers an employer about absences constitutes adishonesty and false statements about his sick leave. valid reason for dismissal under the SmallBusiness Fair Dismissal Code.Page | 29 IR Update July 2025'