To Chuck a Sickie or Not? A Recent Case Suggests… Don’t!

It’s not unusual to hear someone joking about “chucking a sickie” to score a long weekend. But a recent decision of the Fair Work Commission is a timely reminder that dishonesty about personal leave can have serious consequences—especially for professionals.

In Mitchell Fuller v Madison Branson Lawyers Pty Ltd, Mr Fuller, a solicitor at a small law firm, was dismissed after he took sick leave and then travelled interstate to attend AFL Gather Round games. His employer didn’t buy his story—and neither did the Commission.

The Facts

On a Friday morning, Mr Fuller told his employer he wasn’t feeling well enough to come into the office. The following Monday, he claimed he was still unwell and unable to take public transport. He later submitted a statutory declaration and a medical certificate to support his absence and claimed paid personal leave.

However, during this four-day stretch, Mr Fuller had travelled to Adelaide and attended AFL matches—evidence of which he shared on Instagram. The firm became suspicious after noticing activity in a locked digital file and began an investigation. Upon discovering his social media activity, they terminated his employment. Mr Fuller responded by filing an unfair dismissal claim.

The Decision

Deputy President Bell of the Fair Work Commission dismissed Mr Fuller’s application, finding that the dismissal was not harsh, unjust or unreasonable. The decision turned not on whether Mr Fuller was entitled to personal leave per se, but on the fact that he had deliberately misled his employer.

The Commission found that Mr Fuller had provided false information to both his employer and the Commission, and had acted dishonestly throughout. His conduct breached the trust and confidence essential to an employment relationship—particularly in a legal practice.

Mental Health Days vs Misrepresentation

Mr Fuller argued that taking a mental health day shouldn't be considered misconduct. While the importance of mental health leave is widely recognised, the issue here was not about needing time off—it was about the lack of honesty. Had Mr Fuller transparently requested personal leave for mental health reasons, the situation may have been very different. Instead, he misrepresented his condition and attempted to cover it up.

A Question of Professional Integrity

As a solicitor, Mr Fuller was held to a high standard of ethical conduct. The Commission noted that his actions were “utterly incompatible” with continued employment in legal practice. Dishonesty, especially when proven, is damaging for any employee—but for a lawyer, it can raise serious questions about their fitness to practise.

Key Takeaway

The real lesson? It’s not just about taking time off—it’s how you go about it. If you need a break, be upfront. Don’t fudge the facts or try to get around policy. The risk to your reputation and career simply isn’t worth it.

Next time you’re tempted to “chuck a sickie,” maybe think twice—especially if your Instagram story might tell a different version of events.