Employee unable to "Wiggle” out of termination for chucking fake sickie

26 November 2019

An employee who took a sick day to take his son to a Wiggles concert was held not to have been unfairly dismissed in a recent decision of the Fair Work Commission. The employee told his employer he was taking a day of personal leave to care for his sick son when he instead attended the Wiggles concert. Photographs of the employee and his son at the concert were published on social media and the employee later admitted he had falsely claimed sick leave.

In upholding the employer’s decision to terminate the employee, the Fair Work Commission said that falsely claiming sick leave is dishonest and a breach of an employee’s duty of good faith. The Commission also noted the employee had deliberately misled his employer to obtain a financial advantage by ensuring he was paid for his day off.

In this case, the employee’s fake sickie was serious enough for the employer to sack the employee.

The decision is an important reminder that employers can take very serious disciplinary action against employees for misusing their leave entitlements. 

If you believe an employee has falsely claimed sick leave, or you have been accused of falsely claiming sick leave, please contact a member of our employment team to discuss your options.

John Sneddon, Partner
(07) 3307 4504
jsneddon@shandtaylor.com.au

Kimberley Forman, Senior Associate
(07) 3307 4523
kforman@shandtaylor.com.au

Ruby Nielsen, Associate
(07) 3307 4551
rnielsen@shandtaylor.com.au

 

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