Why "Sickies" and Social Media Don't Mix

A recent decision of the Fair Work Commission, Fuller v Madison Branson Lawyers [2025], offers some important lessons for employees about sick leave, workplace honesty, and how social media can play a role in workplace disputes.

Mr Mitchell Fuller was a solicitor at a small Melbourne law firm. In early April 2024, he decided to join his friends on a trip to Adelaide for the AFL “Gather Round” weekend. He booked flights and footy tickets days in advance but didn’t tell his employer about his plans.

Instead, on Friday 5 April, he emailed his employer saying he had a "tough time sleeping" and wasn't feeling well enough to come to work. Then on Monday 8 April, still in Adelaide and starting the long drive back to Melbourne, he emailed again, saying he was "still in discomfort" and couldn't manage public transport.

At no point did Mr Fuller formally apply for leave or inform his employer he was interstate. He later provided a medical certificate for Monday (obtained online without a proper medical consultation) and a retrospective doctor’s note months later for Friday.

What Mr Fuller didn’t count on was that his social media activity would catch up with him. Photos he posted from the weekend — at AFL games, the beach, and pubs — were later found by his employer, showing he had been enjoying a weekend away while supposedly unwell.

The law firm dismissed Mr Fuller for serious misconduct, citing dishonesty about his sick leave and a false statutory declaration. Mr Fuller then lodged an unfair dismissal claim.

The Commission sided with the employer and dismissed Mr Fuller's unfair dismissal claim.

Key points from the decision:

• The Small Business Fair Dismissal Code applied: As the law firm had fewer than 15 employees, it only had to show it believed, on reasonable grounds, that Mr Fuller’s conduct justified immediate dismissal.

• The dismissal was based on reasonable grounds:
  The employer had strong evidence — including Mr Fuller’s own Instagram posts and ticket purchases — that contradicted his claims of illness.

• Misleading emails and certificates:
  Mr Fuller’s sick leave emails were found to be deliberately misleading. The certificates he provided were either retrospective or based solely on his own word, with no proper medical examination at the time.

• False statutory declaration:
  Mr Fuller’s statutory declaration that he was “unwell and unable to work” was considered inaccurate. The Commission found that while it was misleading, it didn’t meet the higher threshold of deliberate perjury.

• Dishonesty destroyed trust:
  As a solicitor, integrity was critical to Mr Fuller’s role. The Commission emphasised that dishonesty of this kind was incompatible with his duties and employment.

• Dismissal would have been fair even without the Code:
  Even if the Small Business Code hadn’t applied, the Commission said the dismissal was neither harsh, unjust, nor unreasonable.

• Mr Fuller’s claim was dismissed, and he was not awarded any compensation.

Key Messages for Employees

1. Sick leave must be genuine

You are absolutely entitled to sick leave when you are unwell and unfit for work. But if you’re not actually sick, or you're using sick leave for personal travel or social activities, you risk breaching trust and losing your job.

Sick leave is for illness or injury, not holidays or mental health breaks unless a doctor has formally assessed you.

2. Medical certificates need to reflect real consultations

Certificates obtained online without a proper medical consultation, or long after the event, may carry little weight if challenged later.

Tip: Always see a doctor promptly if you’re unwell. Keep records of your visit.

3. Social media can become evidence

Photos, posts, check-ins — even private accounts can surface in workplace investigations. Your online activity can undermine claims you make to your employer.

Tip: Be cautious about what you post, especially when you’re off work sick.

4. Trust is a two-way street

Employers expect honesty, especially in professions like law, finance, and healthcare where ethical conduct is critical. Once trust is broken, it’s hard to repair.

Tip: If you need time off but aren't unwell, consider applying for annual leave or discussing other leave options with your employer.

5. The Small Business Fair Dismissal Code matters

If you work for a small business (fewer than 15 employees), your employer doesn’t have to prove misconduct "beyond reasonable doubt." They only need a genuine, reasonable belief based on clear evidence.

Tip: Understand your rights, but also the obligations small business employers must follow under the Code.

Final Thoughts

The Fuller decision is a reminder that employees need to be honest and careful when using workplace entitlements. Sick leave is there to protect your health, not as a backup plan for holidays.

If you’re struggling at work and need a break for mental health reasons, talk to your doctor early and get proper support. Clear communication with your employer can often prevent misunderstandings — and protect your job.