Medical Certificates Under Scrutiny. How a Forged Certificate Led to Lawful Dismissal
The ‘Bad’ in ‘the Good, the Bad and the Ugly’ in our Modern Slavery Update from 19 September 2025.
A recent Fair Work Commission decision highlights the importance of process and evidence in unfair dismissal claims involving small businesses.
In August 2025, the Fair Work Commission heard the case of Mr Jayden Bell Inskip, who claimed unfair dismissal against his former employer, The Trustee For Belli Trust T/A True Line Cladding. Mr Bell Inskip, a carpenter and cladding installer, was summarily dismissed after his employer, Mr James Belli, alleged he had submitted forged medical certificates as evidence for sick leave.
The employer’s suspicions were raised when two certificates (February 2025 and May 2025), both signed by the same doctor, contained identical formatting errors and incorrect clinic details. Upon contacting the clinic, Mr Belli was informed that Mr Bell Inskip was not a patient, and the certificates had not been issued by them. Despite Mr Bell Inskip’s insistence that the certificates were genuine, he could not explain the discrepancies.
The Commission found that Mr Belli genuinely believed, on reasonable grounds, that Mr Bell Inskip had engaged in serious misconduct specifically fraud justifying immediate dismissal under the Small Business Fair Dismissal Code. Commissioner Redford noted that it was not necessary to determine whether the misconduct actually occurred, only that the employer’s belief was genuine and reasonable.
Ultimately, the application for unfair dismissal was dismissed. The case serves as a reminder that small business employers must have reasonable grounds and follow due process, but when they do, summary dismissal for serious misconduct can be upheld.
This content is general in nature and provides a summary of the issues covered. It is not intended to be, nor should it be relied upon, as legal or professional advice for specific employment situations.