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It was reasonable to conclude an employee had lied about being sick, based on social media photos that showed him enjoying a weekend away with friends, the Fair Work Commission has ruled.
Deputy President Andrew Bell found the employee had failed to prove he was unfit for work, yet "remarkably" believed he was entitled to paid sick leave.
The employer had "highly credible evidence" in the form of photos and ticket purchases that showed the employee had spent the weekend interstate "in what was obviously a social setting, with no evidence of illness or sickness at all", he said.
On Thursday 4 April last year, the Madison Branson Lawyers solicitor flew from Melbourne to Adelaide after work. The following morning, he emailed the employer stating he "had a tough time sleeping last night" and wasn't "feeling up to coming into the office"...
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