An Adelaide man has lost an unfair dismissal case after lying to his boss about attending an overseas wedding while using up sick leave.
The SA Employment Tribunal found Alwyndor Aged Care was with its legal rights to dismiss Daniel Smyth after social media posts revealed he flew to India in July 2016 while taking sick leave, Adelaide Now reports.
Mr Smyth spent 81 days in prison back in February 2016 for a disqualified driving offence, for which he was granted leave without pay by his manager.
After his release in May 2016, Mr Smyth’s request to attend the wedding was rejected by Alwyndor HR manager Greg Nankervis, who instead advised a return-to-work date of June 8.
Despite producing medical certificates from the period of June 8 to July 18 2016, the tribunal heard Alwyndor obtained Facebook posts showing Mr Smyth proceeded to travel to India for the wedding.
“During this period of time off, Alwyndor became aware of Facebook posts that indicated Mr Smyth was in India attending the marriage of a relative of his wife,” tribunal commissioner Paul McMahon said.
While Mr McMahon accepted Mr Smyth had a genuine illness in July 2016, he said it was reasonable for Alwyndor to suspect it was being misled.
He added Alwyndor would not have dismissed Mr Smyth if he spoke further with HR regarding his absence.