Solicitor Mitchell Fuller who was sacked for calling in sick to go to the footy slams stigma around ‘mental health days’

A Melbourne solicitor who was fired for calling in sick to fly to Adelaide for the AFL’s Gather Round says society must stop “snickering at the idea of mental health days”.

Mitchell Fuller lost his unfair dismissal claim against Madison Branson Lawyers.

A Melbourne solicitor sacked after calling in sick to go to the footy says he was burnt-out and under pressure — as he hit out at the workplace stigma around mental health.

Mitchell Fuller, a commercial lawyer, flew to Adelaide for last year’s AFL Gather Round, where he enjoyed a long weekend at the beach, pub and games with friends.

He took two days of sick leave — but was fired four months later by Madison Branson Lawyers after the firm discovered Instagram posts from his trip.

Mr Fuller’s sacking made headlines last week after the Fair Work Commission dismissed his unfair dismissal claim and found he had lied to his employer and provided no evidence beyond his own word that he was sick.

On Monday, the young lawyer — who is a former Victorian Greens candidate — broke his silence, telling the Herald Sun he was suffering burnout but felt pressured to keep turning up to work.

Madison Branson Lawyers managing director Simon Tsapepas declined to comment because cost proceedings were still on foot but pointed to the FWC judgement which found in his firm’s favour.

Mr Fuller said the suburban legal practice had a small number of staff but the “turnover was relentless”.

“Most new employees were gone within months. By six months in, I was already the longest-serving staff member,” he said.

Mitchell Fuller called in sick and flew to Adelaide for Gather Round. Picture: Phil Hillyard

By early 2024, Mr Fuller said his work environment had deteriorated significantly.

Although he was still required to attend the office five days a week, he claimed he was no longer being assigned files or receiving one-on-one meetings with his supervisor.

Some days he said he was barely acknowledged.

Around the same time, Mr Fuller said he was unable to access his prescribed ADHD medication — which was essential to managing the demands of his work — due to a national shortage.

“My thoughts scattered, anxiety surged, and my mind felt like a broken radio constantly flicking between channels,” he said.

“I could barely hold a conversation, let alone focus on legal drafting. The existing situation in the office became almost unbearable. I was burning out on fast-forward.”

When his friends suggested he join them at the AFL’s Gather Round in Adelaide, he initially declined — but ultimately decided he needed the break.

“I realised I desperately needed a circuit breaker with close friends that care about me. I had plenty of personal leave, and I decided to take the Friday off,” he said.

Looking back, Mr Fuller said he should have taken the whole week off and seen a psychologist but like many young professionals he felt he needed to keep working.

When asked to account for his leave, he said he submitted a statutory declaration saying he was unwell, without going into detail.

“I didn’t go into detail about my mental state — for obvious reasons — but I believed I was within my rights to keep it general,” he said.

Mr Fuller also took the Monday off, providing a medical certificate from an online provider that stated he was too unwell to attend work.

“The weekend helped. I returned clearer, calmer, and more productive than I’d been in ages,” he said.

Mitch Fuller was the Greens candidate for the South Yarra Ward of Stonnington City Council at the 2024 elections.

Three months later, Mr Fuller was told to attend a disciplinary meeting.

He said he was given a letter which listed a number of allegations, most of which he believed were minor, including one about violating a dress code.

Mr Fuller said he asked to reschedule the meeting so a support person from the Australian Services Union could attend.

Hours before the meeting, Mr Fuller said he received an email listing further allegations including that he was not sick when he took leave in April.

“I was baffled. My understanding was that personal leave was available when you’re unfit for work due to illness or injury. I didn’t realise you had to be coughing and spluttering to qualify,” he said.

According to Mr Fuller, the meeting ran out of time before the leave allegations were addressed.

He claimed he was never given a chance to formally respond before, days later, he received a termination letter accused of making a false statutory declaration and falsifying leave requests.

“There was no face-to-face discussion. No notice period. Just an abrupt end,” he said.

Feeling he had nothing to lose, he filed an unfair dismissal claim with the Fair Work Commission where he represented himself and faced a lengthy cross-examination.

Last week, FWC Deputy President Andrew Bell dismissed the claim, finding Mr Fuller had not only lied to his employer, but he had given false evidence to the Commission.

“The most generous conclusion that could be made is that Mr Fuller was simply indifferent to the accuracy of his witness statement to the point of falsity,” he said in his damning ruling.

“Either way, it is conduct no witness should engage in; for a practising solicitor giving evidence about a critical event, it is inexcusable.”

Mr Fuller said he respected the FWC decision but his experience exposed deeper flaws in how Australian workplaces — and workplace laws — respond to mental health.

Mr Fuller, who has ADHD, said it was unrealistic to expect people under pressure, especially those managing neurodivergent conditions, to document every symptom or access professional help immediately.

“If you’re neurodivergent, under pressure, and trying to manage a health condition without support, how likely are you to document every detail yourself, or get yourself into a psychologist’s office that very week?” he said.

“We need a better system that supports workers before they burn out, not one that punishes them after.

“As a society at large, we need to quit snickering at the idea of “mental health days” and start writing them explicitly into our workplace laws.

“Employees shouldn’t have to over-explain, self-diagnose, or conjure up evidence to justify the simple act of looking after themselves. It’s completely absurd.”