A young lawyer has been fired after his boss discovered photos of him at a footy game when he claimed to have been struck down with a mystery illness.
Melbourne man Mitchell Fuller filed a wrongful dismissal claim with the Fair Work Commission after his role as a practicing solicitor at Madison Branson Lawyers was terminated last August.
On Monday, the commission’s Deputy President Andrew Bell dismissed Mr Fuller’s application, ruling there was ‘no evidence’ of his illness beyond his word.
‘Fuller’s conduct and attitude was utterly incompatible with his ongoing employment as a solicitor at the firm, where integrity and honesty are paramount,’ Mr Bell said.
In his damning ruling, Mr Bell said that Mr Fuller had not only lied to his employer but had also given false evidence to the commission.
Mr Fuller emailed his superiors on April 5, 2024 claiming he had a ‘tough time sleeping last night’ and was ‘not feeling up to coming into the office’.
Months later, his employers found photos of him at the AFL Gather Round in Adelaide from the weekend he claimed to be sick.
Mr Fuller told the commission he had considered taking annual leave to ‘de-stress’ in March and had initially declined his friends’ invitation to fly interstate.
Melbourne man Mitchell Fuller (pictured) was fired from his role as a practicing solicitor after his employers discovered he faked being sick to attend a weekend away in Adelaide
But when Mr Fuller changed his mind, he did not apply for leave as he feared the time off would not be approved.
Mr Fuller flew to Adelaide on the Thursday night and emailed his employers the following morning at 8.17am that he was sick and unable to attend work.
Mr Bell said the solicitor knew his email was ‘misleading’.
‘A general part of Fuller’s case is that he was unwell and entitled to take sick leave. I am not satisfied he was sick or unfit to work,’ he said.
‘Fuller led no evidence of illness beyond his own word,’ he said.
Mr Fuller told the commission the ‘original plan’ was to travel back to Melbourne on the Sunday night, allowing him to return to work on Monday.
However, Mr Fuller stayed in Adelaide on Sunday and went to another AFL game before heading to the pub with friends.
Mr Fuller told his superiors he was unable to attend work on Monday because he was ‘still in a bit of discomfort’ and could not ‘hack taking public transport’.
Mr Fuller had paid for a ticket to watch he AFL Round 4 match between the Port Adelaide Power and the Essendon Bombers prior to telling his employers he was sick and unable to work
Evidence presented to the Fair Work Commission also revealed Mr Fuller had visited the pub during his weekend in Adelaide (stock image). It’s not suggested he was drinking
Instead, Mr Fuller spent the Monday driving from Adelaide to Melbourne.
Mr Bell said the solicitors claims were ‘simply not credible in the face of the planning involved for the weekend, the weekend itself’ and ‘the evasive language used to explain his absence’.
Before the firm became aware of his weekend away, a principal lawyer discovered Mr Fuller had been working on a locked file despite being told not to do so, the commission heard.
It was around this time, in late June 2024, that the firm contacted a HR consultant, who conducted a review of Mr Fuller’s social media accounts.
As a result, the solicitor received an email from his employers outlining the reasons for his termination along with five images from his social media account of his weekend away in Adelaide.
‘We have become aware of information that is inconsistent with your assertion that you were unable to work due to “illness”,’ the email read.
‘Contrary to your claims in your statutory declaration, medical certificate and emails on 5 and 8 April 2024, you travelled to Adelaide to attend, amongst other things, the AFL Gather Round, Adelaide Oval, Elder Park, Glenelg beach and various licensed hospitality venues.
‘Additionally, we note that you had purchased tickets for an event in South Australia with SANF (attached) which tickets were purchased before 5 April 2024, but related to an event during the period of leave claimed by you.
‘Accordingly it is unreasonable to conclude that you were unfit to work during this period.’
In addition to Mr Fuller’s claim being thrown out by the commission, Mr Bell also ruled not to award him any compensation on account of his misconduct.
