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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