‘You can’t call in sick as a lawyer’: Young gun sues firm for unfair sacking

Sydney Criminal Lawyers is being sued by one of its former young associates for allegedly sacking her for trying to take a sick day.

Isabel Muscatello is suing Sydney Criminal Lawyers for unfair dismissal. Picture: LinkedIn

High-profile legal firm Sydney Criminal Lawyers is being sued by one of its former young solicitors for threats, coercion and firing her for trying to take a day off due to sickness.

Isabel Muscatello claimed she was told “you can’t just call in sick as a lawyer” when she attempted to take a day of leave due to “purulent tonsils”, documents filed to the Federal Court obtained by The Weekend Australian show. She was subsequently sacked via text message by her boss, Mia Kowalski, the firm’s practice manager.

Messages contained in the court filing show Ms Muscatello alerted Ms Kowalski to her illness at 6.43am on October 4 before she was due in court that day.

“Hi Mia, unfortunately I am not feeling very well this morning, so I am not going to make it to Hornsby for Eva this morning,” one message read. “I will go to the Dr and get a medical certificate for today if that suits? Also, the Luo trial wrapped up at the end of last week, so no need for Janeane to sit in today. Thanks, Isabel.”

Ms Kowalski responded by allegedly telling Ms Muscatello if she was “able to see a doctor, you are equally able to fulfil your professional conduct requirements to do a simple mention”. She then terminated Ms Muscatello’s employment.

“Hi Isabel. You can’t just call in sick as a lawyer with court. Please do the mention and then go to the doctor,” her response read.

“Where you are required to go to court as a lawyer, that requirement attached to the lawyer and not doing so can amount to unsatisfactory professional misconduct.

“The girl is (sic) Hornsby was crying and I spoke to her in the middle of the night. We are criminal defence lawyers. We have professional obligations to clients over and above what normal people do. These are set out in the professional conduct rules. If you are unable to fulfil your professional obligations then I will need to terminate you from your position.

“Isabel, be aware that conduct rules are attached to lawyers. This is seperate (sic) to a lawyers (sic) employment requirements. You stated that you are going to see a doctor, this matter was a mention. If you are able to see a doctor, you are equally able to fulfil your professional conduct requirements to do a simple mention. By not doing this, you have put the client and the practice in a difficult position as well as effected (sic) your colleges (sic). Due to this conduct, I have no choice but to terminate you from your position.”

Ms Muscatello claimed she was threatened and coerced by Ms Kowalski in the messages, and is suing for compensation.

Ms Kowalski told The Weekend Australian Ms Muscatello was not dismissed because she took sick leave, but because she had not made appropriate arrangements for her client to be represented in court.

Ms Muscatello was employed on August 8 last year and took sick leave and holiday leave “without any issues” before she was fired within her probation period on October 4, Ms Kowalski said.

It’s not the first time Sydney Criminal Lawyers has been embroiled in scandal. Principal lawyer Ugur Nedim was found guilty of drink-driving in March after steering his Porsche over a median strip while three times over the legal limit. He was fined $1500, sentenced to a one-year community corrections order and disqualified from driving for nine months.