Falsified Medical Certificate Justified Dismissal

Fair Work Australia has upheld Westpac’s dismissal of a customer service employee who tendered a falsified medical certificate.

Commissioner Deegan said Westpac had no alternative to dismissing the employee after she falsified the medical certificate and then alleged workplace bullying when confronted with the allegation.

Commissioner Deegan said she was satisfied there was a valid reason for the termination of the employee’s employment and that she had been afforded procedural fairness.

Commissioner Deegan said, “I did not find the [employee's] evidence persuasive in relation to her reasons for falsifying the medical certificate.”

 

“Her evidence was contradictory and her story changed whenever she was shown that her version was not supported by the evidence.”

(Ropafadzo Tokoda v Westpac Banking Corporation [2012] FWA 1262 (14 February 2012)

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About Pendlebury Workplace Law

Brooke is a specialist workplace relations lawyer practising in the Sydney CBD. Brooke has developed a practice over many years that deals extensively with bullying, harassment, and discrimination issues within the workplace. Brooke also provides workplace training and is a trained workplace mediator, and conducts independent workplace investigations.
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