Australian employers can challenge a medical certificate when there is credible evidence of forgery or fraud, as recently confirmed by the Fair Work Commission in the case of True Line Cladding (VIC) Pty Ltd. This case demonstrates that employers are entitled to scrutinise suspicious certificates and act decisively where serious misconduct is established.

Recent Case Example

In [Mr Jayden Bell-Inskip v The Trustee For Belli Trust T/A True Line Cladding FWC 2531 (29 August 2025)], the employer noticed that a carpenter submitted a medical certificate identical in format and with the same errors as one used previously, including a non-existent clinic email address. Upon contacting the clinic, it was revealed that neither certificate had been issued, nor had the employee attended the clinic. Presented with clear evidence of forgery, the employer summarily dismissed the carpenter for serious misconduct, an action Commissioner Ben Redford found consistent with the small business fair dismissal code. The self-represented employee was unable to provide a credible explanation for the certificates.

When a Challenge Is Justified

• There is evidence suggesting the certificate is falsified or not issued by the clinic, such as identical formats or errors in clinic details.
• The certificate contains information that does not match the issuing medical provider (e.g., fake email addresses).
• Verification with the provider confirms the employee did not attend and no certificate was issued.
• The employee’s response to queries is evasive or inconsistent.

Manager Guidance

• Document suspicions and obtain evidence before taking action.
• Verify certificate details directly with the issuing clinic, while respecting privacy protocols.
• Provide the employee a chance to explain the discrepancies.
• Take disciplinary steps only if investigation shows substantive fraudulent conduct.
• Actions must be consistent with relevant codes or enterprise policies.

Employers must act on genuine, reasonable grounds before questioning a certificate or taking disciplinary action, but tribunals confirm that clear proof of forgery fully justifies immediate dismissal for serious misconduct.