Melbourne lawyer Mitchell Fuller, who faked sickie to go to Gather Round, loses unfair dismissal case

A solicitor who emailed his bosses to say he was unwell and didn’t feel “up to coming into the office” before he was sacked after they found Instagram posts of him at the Gather Round and the pub in Adelaide has lost an unfair dismissal case.

Melbourne lawyer Mitchell Fuller has lost an unfair dismissal case.

A Melbourne lawyer who was sacked after he faked being sick to attend the AFL Gather Round in Adelaide has lost an unfair dismissal case.

On the morning of April 5 last year, Mitchell Fuller — who is also a former Greens council candidate — emailed his bosses at Madison Branson Lawyers saying he had a “tough time sleeping last night and am not feeling up to coming into the office”.

The following Monday, he told them he was “still in a bit of discomfort today and don’t think I can hack taking public transport”.

In reality, the commercial solicitor was 650km away in Adelaide enjoying the AFL Gather Round with friends having flown out on the Thursday night.

For three months, Mr Fuller’s bosses were none the wiser until they discovered Instagram posts of him at Adelaide Oval, the beach and the pub.

He was initially suspended then sacked after being told he had “engaged in conduct that is harmful to the reputation of the firm”, with follow-up emails including five images from his weekend away.

Mitchell Fuller told his bosses he was sick so he could go to the footy.

“We have become aware of information that is inconsistent with your assertion that you were unable to work due to “illness”,” one email read.

“We note that during the period 5 to 8 April (inclusive), contrary to your claims in your statutory declaration, medical certificate and emails on 5 and 8 April 2024, you travelled to Adelaide to attend, amongst other things, the AFL Gather Round (operational from 4 to 7 April 2024), Adelaide Oval, Elder Park, Glenelg beach and various licensed hospitality venues.

“Accordingly, it is unreasonable to conclude that you were unfit to work during this period.”

The firm later told him it would be terminating his employment because it believed he had falsified leave requests and a statutory declaration claiming he was unwell.

On Monday, Deputy President of the Fair Work Commission Andrew Bell dismissed an unfair dismissal brought by Mr Fuller, saying he had provided “no evidence” beyond his own word that he was sick.

“Mr Fuller’s conduct and attitude was utterly incompatible with his ongoing employment as a solicitor at the firm, where integrity and honesty are paramount,” he said in a damning ruling.

Mr Fuller told the commission he had considered taking annual leave to “de-stress” in the lead-up to Gather Round but initially declined his friends’ invitation to join them for the weekend before changing his mind.

He claimed his “original plan” was to return to Melbourne on the Sunday night so he could be back at work on Monday.

Mr Fuller unsuccessfully ran as the Greens candidate for South Yarra ward for Stonnington Council last year.

Instead he stayed another night, attending another AFL game and the pub before driving back to Melbourne with friends the next day.

“Hey team, unfortunately I’m still in a bit of discomfort today and don’t think I can hack taking public transport quite yet. I’ll speak to a doc and get a medical certificate when I can, hopefully will be OK tomorrow morning,” he emailed his bosses on the Monday morning.

Mr Bell said the Sunday claim was “simply not credible in the face of the planning involved for the weekend, the weekend itself, the evasive language used to explain his absence, and a medical certificate that rises no higher than the information provided by Mr Fuller (which is not known)”.

“To again state the obvious, the real reason was not discomfort but was because it was physically impossible to be at work, owing to the fact that he was in a car with friends presently located approximately 700km away,” he said.

Before the firm became aware of his weekend away, the commission heard a principal lawyer discovered Mr Fuller had been working on a locked file despite being instructed not to do so.

At a similar time, HR consultancy group HR Adviser Australia was engaged to conduct a review of Mr Fuller’s social media which uncovered the Gather Round posts.

The matter was referred to the Legal Services Board but it remains unclear if any action has been taken against Mr Fuller.

Mr Fuller unsuccessfully ran as the Greens candidate for South Yarra ward for Stonnington Council last year.

The Herald Sun contacted Mr Fuller for comment.