[fusion_builder_container type=”flex” hundred_percent=”no” equal_height_columns=”no” hide_on_mobile=”small-visibility,medium-visibility,large-visibility” background_position=”center center” background_repeat=”no-repeat” fade=”no” background_parallax=”none” parallax_speed=”0.3″ video_aspect_ratio=”16:9″ video_loop=”yes” video_mute=”yes” border_style=”solid” padding_left=”0px” padding_right=”1px”][fusion_builder_row][fusion_builder_column type=”1_1″ layout=”1_1″ align_self=”auto” content_layout=”column” align_content=”flex-start” valign_content=”flex-start” content_wrap=”wrap” spacing=”yes” center_content=”no” column_tag=”div” target=”_self” hide_on_mobile=”small-visibility,medium-visibility,large-visibility” sticky_display=”normal,sticky” order_medium=”0″ order_small=”0″ margin_top=”0px” margin_bottom=”0px” hover_type=”none” border_style=”solid” box_shadow=”no” box_shadow_blur=”0″ box_shadow_spread=”0″ z_index_subgroup=”regular” background_type=”single” gradient_start_position=”0″ gradient_end_position=”100″ gradient_type=”linear” radial_direction=”center center” linear_angle=”180″ lazy_load=”avada” background_position=”left top” background_repeat=”no-repeat” background_blend_mode=”overlay” sticky=”off” sticky_devices=”small-visibility,medium-visibility,large-visibility” absolute=”off” filter_type=”regular” filter_hover_element=”self” filter_hue=”0″ filter_saturation=”100″ filter_brightness=”100″ filter_contrast=”100″ filter_invert=”0″ filter_sepia=”0″ filter_opacity=”100″ filter_blur=”0″ filter_hue_hover=”0″ filter_saturation_hover=”100″ filter_brightness_hover=”100″ filter_contrast_hover=”100″ filter_invert_hover=”0″ filter_sepia_hover=”0″ filter_opacity_hover=”100″ filter_blur_hover=”0″ transform_type=”regular” transform_hover_element=”self” transform_scale_x=”1″ transform_scale_y=”1″ transform_translate_x=”0″ transform_translate_y=”0″ transform_rotate=”0″ transform_skew_x=”0″ transform_skew_y=”0″ transform_scale_x_hover=”1″ transform_scale_y_hover=”1″ transform_translate_x_hover=”0″ transform_translate_y_hover=”0″ transform_rotate_hover=”0″ transform_skew_x_hover=”0″ transform_skew_y_hover=”0″ transition_duration=”300″ transition_easing=”ease” animation_direction=”left” animation_speed=”0.3″ animation_delay=”0″ last=”true” border_position=”all” first=”true”][fusion_text content_alignment=”justify” hide_on_mobile=”small-visibility,medium-visibility,large-visibility” sticky_display=”normal,sticky” animation_direction=”left” animation_speed=”0.3″ animation_delay=”0″]

When you’re crook, you’re crook.  But when you’re in the stands at an AFL game with a meat pie and a cold beer while telling your employer you’re bedridden, don’t be surprised if it’s your employment that ends up in intensive care.

This is exactly what happened in Fuller v Suncorp Group Ltd [2024], a recent Fair Work Commission case that’s making waves across the country, especially in workplaces that already suspect “sickies” are just code for long weekends and pub lunches.

The twist? The man at the centre of it all wasn’t a junior or casual staffer, he was a lawyer, and as the Commission noted, that matters, because lawyers have a professional and ethical duty to tell the truth.  Here, though, Mr Fuller was less than a beacon of truthfulness.

The facts are simple but eyebrow-raising – Mr Fuller told his employer that he was unwell and submitted an online medical certificate based solely on self-reported symptoms.  No in-person exam, no video consult – just a typed-up note from a doctor after a telehealth appointment accepting his word for it.  Then, in what can only be described as the plot twist of a sitcom, Mr Fuller did himself in by posting happy snaps from the AFL on his socials.  Naturally, his employer eventually found out about this (albeit months later) and ultimately dismissed him. Mr Fuller challenged the dismissal at the Fair Work Commission, claiming his day off was for mental health reasons.

But here’s the thing: mental health is a legitimate reason to take sick leave, and in the case, the Commission made it quite clear that it’s not a blank cheque to just stay home (or head out) whenever you feel like it – a mental health day still needs to be genuine.

This dismissal was about deception, which in the legal profession – where honesty isn’t just encouraged, it’s expected – cut deeper.

So, would the outcome have been different if Mr Fuller were, say, an archaeologist?  Maybe.  The Commission hinted that lawyers are held to a higher standard because of their ethical duties. But make no mistake – deliberately misleading your employer about your health is still a serious matter, regardless of your job title. The difference is that for lawyers, it may also raise broader professional conduct issues.

While the case ultimately turned on deception, it’s worth remembering that genuine mental health concerns should be taken seriously.  A good employer knows that burnout isn’t just a buzzword – it can lead to underperformance, disengagement, or worse.  If an employee honestly approaches their employer and says, “I’m struggling – I need a day to reset”, if it’s reasonable in the circumstances, a good boss should consider supporting that.  It’s not only the decent thing to do, but it’s also smart business: a short pause today can prevent a full-blown breakdown tomorrow, or worse still, festering resentment that turns the job environment toxic. The difference lies in the honesty.  A mental health day offered with transparency strengthens trust, while a sickie spun from fiction breaks it.

Is this a landmark case?  Not quite.  But it’s certainly sparked a national debate around sick leave, mental health, and what counts as a fair reason to sneak a day off, especially in the age of social media, where one poorly timed Instagram story can become Exhibit A.

Takeaways for employers and employees alike:

• Mental health days are valid, but they must be genuine and honestly communicated.
• Online medical certificates are legally acceptable, but their weight depends on how they’re issued.
• Social media is public. If you’re well enough to party, you’re well enough to be spotted.
• Deception, not illness, was the real issue in this case, and courts won’t look kindly on it.
• Your job title may influence the outcome and lawyers, in particular, are expected to model honesty.

So, with the string of public holidays fast approaching starting this Easter weekend, woe betide those thinking of taking a few additional cheeky days off.

In any event, whether you’re an employee, an employer, or somewhere in between, if you have any employment law questions, please do not hesitate to contact the employment law team at Salerno Law for practical, honest, and tailored advice.

About Salerno Law

Salerno Law is at the forefront of employment law and industrial relations, recognised as a leader in unfair dismissal and workplace rights. With deep expertise in navigating complex employment disputes, award compliance, enterprise agreements, and workplace investigations, Salerno Law provides strategic legal solutions for employees, executives, and businesses across Australia.

Whether you’re facing unfair dismissal, managing a workplace restructure, resolving disputes, or seeking advice on employment obligations, Salerno Law’s team helps you stay compliant and protected while navigating the often challenging industrial landscape.

Author Steven Hodgson

[/fusion_text][/fusion_builder_column][/fusion_builder_row][/fusion_builder_container]