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It was fair to sack an employee for misusing his personal leave entitlement, the Fair Work Commission has found, in giving no weight to the medical certificate he obtained through an online service.
A medical certificate isn't a "statement of unquestionable historical fact", Deputy President Alan Colman said, rejecting the employee's misconduct denials.
The Commission heard that Northern Health sacked the registered nurse for serious misconduct in February this year, after concluding that he'd dishonestly taken personal leave and had used disrespectful language in an email to an HR consultant.
In unfair dismissal proceedings, the employee said he was unwell on 11 September last year and he obtained a certificate from an online medical service; it stated he was unfit for work due to "a medical condition"...
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