In a recent decision the Fair Work Commission has upheld the dismissal of a solicitor who alleged he was unfit to work even though he produced an online medical certificate for one of his days of absence.
The Facts
A solicitor was absent from work for 2 days, a Friday and Monday, to visit Adelaide with friends for an extended weekend to see a Collingwood-Hawthorn match at Adelaide and visit local pubs and beaches.
He sent an email to his employer on the Friday saying he was not feeling up to coming into the office and later made a statutory declaration asserting that he was sick and unable to speak to his regular doctor that day.
For the Monday, he obtained a medical certificate from an online provider of medical certificates.
The employer later became aware via social media of the employee’s Adelaide trip and activities.
The employee was subsequently dismissed after his employer gave him an opportunity for input about its concerns including that he was not unfit for work on those days.
He applied for unfair dismissal.
The Decision
In dismissing his application, the Commission did not accept his evidence that he was unfit for work on either day, despite the medical certificate given for the Monday.
The Deputy President observed:
[His] provision of a medical certificate for his day off on [the Monday] does not conclusively demonstrate he was unfit for work that day because of any illness. Far from it. That certificate is simply one aspect of the overall evidence. The fact that [he] obtained the certificate for 8 April 2024 in a purely online forum, with no direct consultation by the practitioner who signed the medical certificate, diminishes the evidentiary value of that certificate.
Implications
The decision raises questions about the value of medical certificates obtained online, with no direct consultation by the practitioner who signed the medical certificate.
Employees can ask questions about the reliability of a medical certificate that was obtained online, especially if they have other evidence – e.g. through social media – that an employee may not have been unwell.
At WorkLegal our experienced team can answer your questions and put you on the right track. A range of fixed-price Initial Consultations will suit most people’s needs in quickly learning what their options are.
Some more information is available here or you can book an initial no-obligation chat online to review an employment contract or contractor agreement.