Challenging a Medical Certificate (Practice Note)

This Practical Law Australia Employment practice note examines when employers can challenge the sufficiency of a medical certificate, including fraudulent, backdated or potentially inaccurate medical certificates.

 Table of contents:

  • Usual requirements of a medical certificate
  • Challenging a medical certificate
  • Fraudulently created or altered medical certificates
  • Disputing an employee is ill or injured while on sick leave
    – Consider the nature of the illness
    – Challenging the veracity of medical certificate: case law
  • Backdated medical certificate in support of sick leave
    – Maritime Union of Australia v DP World Sydney Ltd
  • Guidance for practitioners

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