A Melbourne lawyer has been dismissed after he falsely claimed to be ill to attend the AFL Gather Round in South Australia. The Fair Work Commission ruled this week that Mitchell Fuller was not unfairly dismissed from his position at Madison Branson Lawyers, following an investigation that revealed he was enjoying a weekend of football and socializing while pretending to be sick.
Mr. Fuller, who was terminated in August 2024, initially filed a wrongful dismissal claim against the firm, asserting that he had been unfairly treated. However, the commission's findings, published on April 7, 2025, revealed a different story.
On April 5, 2024, Mr. Fuller sent an email to his superiors claiming he had a "tough time sleeping last night" and was "not feeling up to coming into the office." Unbeknownst to his employers, Mr. Fuller had traveled to Adelaide the previous evening with friends to attend the AFL Gather Round.
Deputy President Andrew Bell of the Fair Work Commission noted in his decision that Mr. Fuller had planned the trip days in advance and even purchased tickets for the event before notifying his employer of his supposed illness. Bell stated, "To state the obvious, the real reason Mr. Fuller could not come into the office was because he was in Adelaide, pursuant to a trip he planned and partly paid for four days earlier."
During the weekend, Mr. Fuller attended multiple football matches, including the Port Adelaide vs. Essendon game on April 5, and later watched a South Australian National Football League match on April 6. He also spent time at the beach and socialized at local pubs.
On Monday, April 8, when he was expected back at work, Mr. Fuller sent another email claiming he was "still in a bit of discomfort today" and could not take public transport. However, he was actually traveling back to Melbourne by car with friends, approximately 700 kilometers away from his office.
Mr. Bell's ruling highlighted the discrepancies in Mr. Fuller’s claims, stating that his explanation was not credible given the planning involved in his weekend trip and the evidence presented. The commission found that Mr. Fuller had not only misled his employer but had also given false evidence during the proceedings.
In late June 2024, the firm had contacted HR Adviser Australia to assist with reviewing Mr. Fuller’s performance after concerns arose regarding his work. The HR consultant discovered social media posts from Mr. Fuller that contradicted his claims of illness, showing him enjoying the AFL Gather Round festivities.
In an email to Mr. Fuller regarding his termination, the firm stated, "We have become aware of information that is inconsistent with your assertion that you were unable to work due to 'illness.'" They cited his activities in Adelaide, including attending football matches and socializing at various venues.
Mr. Bell emphasized the seriousness of Mr. Fuller’s actions, stating, "I am very mindful that my findings that Mr. Fuller made false representations to his employer and gave false evidence to the Commission is an extremely serious conclusion to reach, particularly in relation to an individual who holds a legal practising certificate and ought to be acutely aware of the seriousness of such matters."
Ultimately, the Fair Work Commission dismissed Mr. Fuller’s application for wrongful dismissal and ruled that he would not receive any compensation due to his misconduct. The decision serves as a reminder of the importance of integrity and honesty in the legal profession.
In addition to his legal troubles, Mr. Fuller was also noted to have been a candidate for the Greens party in local council elections in South Yarra late last year, adding a political dimension to his public profile.
This case highlights the potential repercussions of dishonesty in the workplace, particularly for those in professions where trust and integrity are paramount. It serves as a cautionary tale for employees who might consider bending the truth to secure a day off for leisure activities.
