Fair Work Commission: Forged Med Cert Unfair Dismissal Claim Kicked out

A chippie who denied submitting forged medical certificates has failed in his unfair dismissal case with the FWC finding that the termination justified under the Small Business Fair Dismissal Code (SBFDC) as serious misconduct.

Central Issue: Alleged Forgery of Medical Certificates

In late May 2025, Bell‑Inskip submitted a medical certificate purportedly signed by Dr Toan Hau, indicating unfitness for work from 27–31 May.

The employer noted that it closely matched another certificate from February—both featuring identical formatting and errors including errors in the clinic’s address and a non-existent email address.

Employer investigated its concerns including contacting the clinic on 30 May. The clinic confirmed that the worker was not a patient, and no certificate had been issued.

The employer put his findings to the worker who asserted that both certificates were genuine and claimed to have visited the clinic, but he was unable to provide a satisfactory response to the clinic’s denial of his attendance or the medical certificates.

The employer then proceeded to terminate the worker’s employment on 3 June 2025, citing dishonesty and breach of trust. The employment contract expressly allows immediate dismissal for “fraud or an act of dishonesty”.

While not determinative to the decision to dismiss the unfair dismissal case the worker had previously been warned about alleged issues—including lateness and misuse of company resources—with an ultimatum issued in May 2025.

Commission’s Findings

The dismissal was consistent with the SBFDC’s “summary dismissal” provisions for serious misconduct, including fraud or dishonesty.

The Commission found that True Line had reasonable grounds and conducted a sensible investigation before dismissing the worker. The claim was rejected, and no remedy was granted.

Implications

This decision underscores that small business employers can lawfully enact summary dismissal under the SBFDC when:
1. Serious misconduct—including alleged dishonesty—is involved,
2. There are reasonable grounds and an adequate investigation, and
3. Contractual provisions support immediate termination.

Reinforcing established precedent, the Fair Work Commission emphasised that dismissals for clear fraudulent conduct may be upheld.

Further, the Small Business Fair Dismissal Code is helpful to those businesses with fewer than 15 employees facing serious misconduct allegations for its reduced threshold of ‘reasonable grounds’.

MEA Workplace Relations team has noted a trend in fraudulent medical certificates being submitted by workers and employers should consider this case as supportive of their ability to take decisive action in relation to those workers.

For assistance with your disciplinary and dismissal matters contact the Workplace Relations Team on 1300 889 198.