An employee who took his employer to court over unfair dismissal has lost the case, reports.
Adelaide-based Daniel Smyth worked as an aged-care worker at Alwyndor Aged Care in Adelaide.
Mr Smyth had to spend a couple a months in jail in 2016 for disqualified driving. He was granted leave without pay during this period.
Upon his release, the HR manager advised Mr Smyth to resume work on June 8th 2016.
Mr Smyth asked if he could delay it by a month as he wanted to go to India for a wedding of his wife’s relative. But the request was declined.
Mr Smyth did not turn up at work. He provided two sick certificates covering June 8th till July 18th, 2016.
During his absence, his employers discovered Facebook posts showing him at a wedding in India.
When they questioned him, Mr Smyth refused to answer any questions or provide an explanation. He was sacked from his job.
Mr Smyth took the matter to the South Australia Employment Tribunal.
The tribunal found the nursing home was within its right to sack him over the social media posts.
However, the tribunal found the nursing home was within its right to sack him over the social media posts.
Mr Smyth’s doctor told the tribunal he provided the sick certificates because he believed his patient was depressed.
The aged-care then-general manager Travis Hill told the tribunal that he believed Mr Smyth had exaggerated his illness to the doctor.
He also told the tribunal that Mr Smyth had displayed ‘you can’t touch me’ kind of attitude in their last meeting instead of giving an explanation when he was asked some questions.
Tribunal commissioner Paul McMahon said there was no dispute that Mr Smyth had a genuine illness in July 2016 but Alwyndor had reasonable grounds to suspect it was being misled.
He found Alwyndor would not have fired Mr Smyth had he further discussed his absence with HR.
