Sacked Melbourne lawyer who chucked sickie to go to the AFL loses bid to get his job back

Melbourne Lawyer’s ‘Sickie’ for AFL Gather Round Backfires in Unfair Dismissal Case

A Melbourne-based solicitor who feigned illness to attend the Australian Football League (AFL) Gather Round in South Australia has been unsuccessful in his attempt to regain his employment. The Fair Work Commission (FWC) dismissed his unfair dismissal claim, citing social media posts as evidence of his fitness for work during the period he claimed to be unwell.

Fair Work Commission Upholds Dismissal of Solicitor

The Fair Work Commission determined this week that Mitchell Fuller, formerly employed as a solicitor at Madison Branson Lawyers, was not unjustly terminated. The dismissal occurred in August of the previous year. The commission’s ruling, released on Monday, detailed how Mr. Fuller’s explanation for his absence was contradicted by his own online activity.

Email Claimed Illness, Social Media Revealed Adelaide Trip

According to the FWC findings, Mr. Fuller informed his colleagues via email on the morning of April 5th of the preceding year that he was “not feeling up to coming into the office” due to a sleepless night. However, evidence revealed he was already in Adelaide, having travelled by air the previous evening to attend the AFL Gather Round with friends.

Deputy President Andrew Bell of the FWC noted in his decision, “To state the obvious, the actual reason Mr. Fuller was unable to attend the office was his presence in Adelaide, a trip he had planned and partially financed four days prior.”

The commission further noted that following his initial email, Mr. Fuller “proceeded to enjoy the day and weekend with his friends,” engaging in various social activities.

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Weekend Activities Undermine ‘Sick Day’ Claim

The FWC found that Mr. Fuller attended the Port Adelaide versus Essendon AFL match on the evening of his claimed sick day. Subsequently, he visited the beach, a pub, watched a South Australian National Football League (SANFL) game the following day, and attended the Collingwood versus Hawthorn AFL match on Sunday afternoon.

Further Misrepresentation Upon Return Travel

On the subsequent Monday morning, when Mr. Fuller was expected to return to work, but was instead travelling back to Melbourne by car with associates, he sent another email. This email, titled “OOO” (out of office), stated: “Hey team, unfortunately I’m still in a bit of discomfort today and don’t think I can hack taking public transport quite yet. I’ll speak to a doc and get a medical certificate when I can, hopefully will be OK tomorrow morning.”

Deputy President Bell concluded, “Mr. Fuller’s email on 8 April 2024 falsely conveyed that his alleged ‘discomfort’ was the reason for his continued absence from work.”

“Again, to state the obvious, the real reason was not discomfort, but the physical impossibility of being at work due to his location approximately 700km away in a car with friends,” the FWC decision stated.

“The reference to ‘public transport’ was a fabrication intended to conceal his true location. Even Mr. Fuller did not suggest that ‘public transport’ from Adelaide to Melbourne was a viable option.”

Social Media Posts Revealed Truth

Concerns regarding Mr. Fuller’s work performance had arisen within Madison Branson Lawyers in July of the previous year, prompting them to engage a human resources consultant.

The consultant, acting independently, discovered publicly available posts on Mr. Fuller’s Instagram account related to the Gather Round weekend. These posts were tagged at Adelaide Oval and depicted “a connection to football… [and] Mr. Fuller and his friends socialising, such as at the beach or with beers at a pub.”

Integrity and Honesty Questioned

Deputy President Bell determined that Mr. Fuller, who represented himself in the proceedings, displayed behaviour and a demeanour “utterly incompatible with his ongoing employment as a solicitor at the firm, where integrity and honesty are paramount.” The commission also found he had been dishonest in his testimony to the FWC.

“I am acutely aware that my findings that Mr. Fuller made false representations to his employer and provided false evidence to the Commission is an extremely serious conclusion, particularly concerning an individual holding a legal practising certificate who should be acutely aware of the gravity of such matters,” Deputy President Bell wrote.

“The most lenient interpretation is that Mr. Fuller was simply unconcerned with the accuracy of his witness statement to the point of falsehood.”

“Regardless, such conduct is unacceptable for any witness. For a practising solicitor providing evidence about a critical event, it is inexcusable.”

Political Candidacy Noted in Decision

Deputy President Bell also acknowledged in his decision that Mr. Fuller had previously been preselected as a political candidate. He was the Greens party candidate for South Yarra in local council elections held late last year.