Summary
A recent decision of Fair Work Australia has reinforced the
seriousness of misusing personal leave. The employee was dismissed
after she took personal (sick) leave to travel interstate. The
dismissal was upheld, despite the fact that the validity of the
employee's medical certificate was not called into
question.
Facts
The employee booked flights to attend her sister's wedding
interstate but shortly before the date, the wedding was cancelled.
The employee did not take steps to cancel her flights, because she
understood the tickets were non-refundable.
On the eve of her intended departure, the employee consulted a
doctor and obtained a medical certificate for the days that she
planned to be interstate. The medical certificate did not provide
any explanation as to why the employee was unfit for work, but the
employee gave evidence that she had consulted her doctor about a
swollen/infected leg and her diabetes.
