ARTICLE · 01 APRIL 2016

A doctor's certificate is no shield to dishonest conduct

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Employers can challenge a medical certificate where there is reasonable cause to believe that the employee is dishonest.

AustraliaEmployment and HR

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Council Human Resource departments will be interested to know that an employee who takes paid personal leave is not protected from disciplinary action associated with taking that leave simply because a medical certificate has been provided. Employers who wish to take disciplinary action against an employee who has attempted to take personal leave inappropriately, may be able to do so where there is evidence of dishonesty on the part of the employee.

Case Law

In Anderson v Crown Melbourne Ltd [2008] FMCA 152, the Applicant attended an interstate football match on 1 September 2007, between Essendon and West Coast. The Applicant's Employer at the time, Crown Melbourne Ltd, dismissed the Applicant as a result of his attendance at the football game, which required the Applicant to make a trip to Perth.

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