A Melbourne lawyer named Mitchell Fuller, who took a “sickie” to go to the AFL Gather Round in South Australia, has failed in his attempt to regain his job, as evidence from his social media showed he was fit to work.
The Fair Work Commission (FWC) ruled this week that Fuller’s dismissal by Madison Branson Lawyers in August of last year was not unfair. According to the commission, Fuller had emailed his team on April 5th saying he was incapable of working due to a bad sleep the night before. However, it was revealed that he was actually in Adelaide with friends, where he had traveled the night before.
Deputy president of the FWC, Andrew Bell, stated clearly in his decision the real reason Fuller couldn’t attend work was that he was in Adelaide, a fact that Fuller himself seemed to have no trouble enjoying. The email, sent later on Monday, when Fuller should have been at work but was en route back to Melbourne, falsely claimed discomfort as the reason for his absence.
Besides this incident, the commission discovered posts on Fuller’s Instagram that showed him actively participating in the Gather Round weekend, including going to various matches and socializing. The consultant hired by the firm had found these posts independently, indicating a pre-planned trip rather than unexpected illness.
Given this behavior, the FWC found Fuller’s conduct and attitude to be incompatible with the firm’s expectations, especially since integrity and honesty are essential in his legal position. Bell pointed out that Fuller’s actions included making false statements to his employer and to the commission, which is serious, especially for someone holding a legal practicing certificate.
Despite the gravity of these findings, Bell’s conclusion was that Fuller may have either lied or was indifferent to the truth. Regardless, for a solicitor, such behavior in relation to significant events is inexcusable. It was also noted that Fuller had been preselected as a candidate by the Greens for the South Yarra council elections, showing his involvement in political activities.
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Source: https://www.theguardian.com/australia-news/2025/apr/10/sacked-melbourne-lawyer-who-chucked-sickie-to-go-to-the-afl-loses-bid-to-get-his-job-back-ntwnfb