The Case

Monash University employed Ms Bluzer as its events officer. Ms Bluzer travelled to Bali for dental treatment at the Bali Dental Clinic 911 in 2014, 2015 and 2016.

Ms Bluzer submitted two medical certificates for the visits in 2016. In April 2016, she submitted one dated 14 February 2015 when she asked Monash University to belatedly convert the annual leave she had taken in 2015 to personal leave, supported by the medical certificate. The medical certificate signed by a Bali dental surgeon stated Ms Bluzer was ill “so was unable attended work”.

Monash University became suspicious after comparing the February 2015 medical certificate with the medical certificate Ms Bluzer had supplied for her February 2016 visit, signed by another Bali dentist. The same ungrammatical phrase “so was unable attended work” had been repeated on both certificates.

Ms Bluzer at first argued either it was an auto-correct error on the computer or “simply a coincidence”, as it was likely that non-native English speakers in Bali would make mistakes.

However, later Ms Bluzer admitted that she had modified the February 2015 certificate and had sent it to Monash University in error. She claimed that she modified the medical certificate to send it to the Bali Dental Clinic 911 so the dentist could re-issue it to reflect that she “was unable to attend work”. However, she did not end up emailing the certificate as she was planning to return to Bali for follow-up treatment and would instead request the re-issue in person.

Ms Bluzer accused Monash University of conspiring to get rid of her, claiming the investigative process was a “sham”.

The Verdict

Commissioner Cribb of the Fair Work Commission (FWC) found that Ms Bluzer had altered the February 2015 medical certificate. Commissioner Cribb rejected Ms Bluzer’s claim that it was coincidental that the same phrase appeared on both medical certificates. Commissioner Cribb concluded that the phrase was cut and pasted from the 2016 medical certificate, and that Ms Bluzer amended the original 2015 certificate. Commissioner Cribb found there was no reasonable explanation offered by Ms Bluzer for doing this.

Commissioner Cribb accepted the reasoning of Monash University and found there was a valid reason for dismissing Ms Bluzer.

Lessons for You

It is important to review the reasons medical practitioners insert on medical certificates and not simply accept and process them. Employees have falsified medical certificates in many instances. If you aren’t certain, ask more questions and even obtain the employee’s consent to check directly with the medical practitioner who issued the certificate.

Please note: Case law is reported as correct and current at time of publishing. Be aware that cases in lower courts may be appealed and decisions subsequently overturned.