#WorkCover Investigation

[sublimeobservationarcade]

ABC Reveals Podiatrist Ripping Off Veterans

Thank Adele Ferguson for shining the spotlight on this alleged blatant exploitation by a Sydney podiatrist of vulnerable Australians. ABC reveals podiatrist ripping off veterans and the evidence stacks up. This illustrates the malfeasance by medical professionals occurring within the Medicare system and other government schemes. We know that billions of dollars are being rorted by some within the medical fraternity in a betrayal of the trust put in them by the Australian public. The 7.30 Report shows the complete lack of oversight present in so many government-funded schemes in Australia. The idea that all doctors are good guys and worthy women is being shown to be a costly fallacy for tax payers down under. Thank goodness for investigative journalism.

Mikhail Nilov at Pexels

7.30 Report’s Adele Ferguson Investigates Podiatrist

“MARGARET FAUX, HEALTHCARE BILLING EXPERT:  There seems to be this focus on patients as ATM machines. ADELE FERGUSON, REPORTER:  Australians spend tens of billions of dollars a year on health services. MARGARET FAUX:  Our health payment systems are like open cheque books. ADELE FERGUSON:  Medical professionals use a coding system to bill patients and healthcare providers. MARGARET FAUX:  The way these systems work basically is, you put in a number saying, I did this thing, now pay me. And the answer comes back, here you go, here's your money. ADELE FERGUSON:  Some health practitioners have built businesses that target government schemes for injured workers, the disabled, elderly and Department of Veteran Affairs or DVA. MARGARET FAUX:  You have got NDIS. Medicare, DVA, private health insurers, aged care workers, comp, CTP - they're the main payers.” (https://www.abc.net.au/news/2023-10-23/workcover-patients-being-turned-into-unpoliced/103012472)

Podiatrist Dr Sanjay Parasher Investigated For Bogus Billing

The Adele Ferguson ABC investigation reveals that a Dr Sanjay Parasher has allegedly being systematically ripping off patients from the DVA by falsifying claims for treatment sessions which never occurred. The Foot and Ankle Clinic of Australia’s Dr Sanjay Parasher goes on social media platforms bragging about how much money he makes from podiatry. Meanwhile, he employs admin people to basically commit crimes on his behalf whilst following his instructions. The litany of wrong doing is listed in the ABC report and involves fake referrals, falsifying treatments by a factor of 10 in some cases, targeting veterans in Perth when his clinic is based in Sydney, infiltrating the private medical records of other medical practitioners, bogus billing, fees for no service, and these to the tune of hundreds of thousands of dollars. This may well be the tip of the iceberg when it comes to the malfeasance rife in government funded schemes around Australia. The scumbags have found the loopholes and lack of proper oversight and are getting rich at our expense.

Australians Find It Hard To Believe There Are Scumbag Doctors The illusion of the white lab coat creates a myth of ‘the good doctor’ in the minds of many Australians. Yes, there are many hard working and honest medicos. However, there is a growing section of cynical scumbag doctors rorting the system to get rich at the expense of Australian tax payers. The billions of dollars of wastage and unjustified claims bloating Medicare and other government funded schemes is legion. All of this bad money, like all the other bogus insurance claims in Australia, bloats our economy and has an inflationary affect. If I had a dollar for every account of insurance fraud I hear from friends re-their household insurers I would be a wealthy chap. This massive industry-wide scam is happening daily on our shores and making Australia a much more expensive place to live in. The reluctance of governments to actually do anything about this is testament to their tacit involvement in looking the other way. We do not have proper, well-funded oversight in this country, which allows players to run rampant in this regard. Toothless tigers are everywhere in the halls of government capable of wagging their tails and rolling over for any and every inducement proffered.

Dr Sanjay thought he could show off his very expensive sports cars and luxury lifestyle to the world via social media knowing that Australian oversight is blinder than bats without radar. Schemes for DVA and NDIS are neglected like the patients they purport to look after. It is another illustration of the half arsed Australian way. Hang your heads in shame folks. Robert Sudha Hamilton is the author of Money Matters: Navigating Credit, Debt, and Financial Freedom. ©WordsForWeb Read the full article

[melbourneprivatedetectives]

Think Your Lover is Cheating on You? Hire Private Investigator Surveillance Services!

Private investigator surveillance demand has surged quite rapidly in recent times and these licensed individuals can investigate a range of issues like infidelity investigations, corporate workcover investigations, phone number searches, etc. Well, some issues like infidelity investigations generally form a chunk of the requests that are received by leading private investigators since nobody wants to be cheated in a relationship.

When you realise or see signs your partner is cheating then it is always better to hire a private investigator. Many people think that confronting the partner is the right way which is not at all correct since there is a high chance that the individual will not be honest. Another perception one generally has is of high fees of the investigators which is again false as each case fee is decided according to the requirements.

Let’s Dig Deeper into The World of Private Investigations

Locate A Person: Many people try to reconnect with their estranged family members, sometimes an old boyfriend or girlfriend, and this service ensures that one is able to find the individual. Also, the service can be utilised to find out information about a scammer and is hence useful in even legal matters.

Infidelity Investigations: When one gets betrayed by someone they love then it becomes very difficult to handle and hence it is better to get proper information. Some of the information which generally confirms the betrayal includes unknown passwords on mobile and easy arguments about some issues.

One can also buy various spyware products from the leading service providers to get help with investigations. Get in touch with leading service providers to have a chat about your situation.

Source

[apxiumsoftware]

Reasons for Creating A Tax Audit Insurance

The Australian Taxation Office (ATO) and other government agencies have continued to report major advances in sophisticated, electronic data-matching procedures in recent years, resulting in a rise in the ATO's Audit Insurance efforts. With the launch of Single Touch Payroll and SuperStream, the ATO now has instant access to more data than ever before.

This year, the ATO will expand its assessment activities to include firms using the JobKeeper payment scheme, to ensure that they are eligible. The likelihood of you, your business, or your self-managed superannuation fund being randomly or specifically selected for an audit, investigation, or review increases as data matching and reporting activity increases.

The Australian Taxation Office (ATO) has a number of mechanisms in place to match the information you supply on your tax return with information from other sources. The Australian Taxation Office (ATO) compares information in tax returns to over 650 million transactions given by third parties.

The ATO uses a variety of external sources for data matching, including banks and financial institutions, health funds, superannuation funds, Centrelink, Workcover, online selling platforms, property records and motor vehicle purchase data, and cryptocurrency service providers. Individual review and audit operations have increased as a result of greater use of advanced analytics and automation, resulting in over 500,000 modifications from audits and reviews during the 2018-2019 tax year.

A Variety of Reasons Can Raise The Likelihood of An Audit, or Possibly Cause One:

Outside industry benchmarks are being met.

Employees who are dissatisfied with their superannuation payments - what begins as a review of superannuation can quickly expand into a comprehensive audit of income tax, GST, and fringe benefits tax (FBT).

Large differences in information lodged with the ATO, such as differences between information reported on an income tax return and information recorded on your company activity statements, FBT return, PAYG Summaries, and so on.

Operating losses have been consistent.

The ATO looks into your affairs and requests supporting evidence in regard to the amounts reported to them in reviews and audits to ensure the information you've supplied is accurate and that you've completed your compliance responsibilities. The ATO can use a review to see if there are any issues that need to be looked into further. When a deeper or more thorough examination is required, the ATO conducts an audit. An audit or review can take anywhere from a few weeks to many months or even years to complete, resulting in considerable costs and disruption for you and your company. By enlisting the help of a professional, such as your accountant, to manage the response process on your behalf, you may limit the amount of time it takes you to respond, as well as the chance of subsequent inquiries.

[iinsightau]

Here’s the Checklist of The Top 5 Injury Case Management Software in Australia

Does your workplace have a good ‘Return to Work’ program? Whether you have yet to develop one or you already have it in place, you need to make sure that it will be efficiently managed. Otherwise, you could easily put your organisation’s reputation at risk. Moreover, you risk dealing with costly litigation and expensive premiums down the line. An injury case management software can help prevent those costly problems and make sure that any workplace incident is effectively managed.

 Without a case management software, you are left doing manual work and spending more time administering. You deserve dependable software that can simplify injury management. Here are the top picks by most users in Australia:

 1. iinsight

 A cloud-based injury case management software that is customisable to meet your exact requirements. It has all the tools for managing processes, documentation, and notifications, and it can be accessed from any web-connected device. iinsight can also be integrated with Workcover QLD and SA and electronically export invoices to their system.

 2. Beakon

 A software that’d designed to simplify Return to Work and injury management, while making sure that you can support your staff as they return to your workplace. It claims to have all the tools you need to manage documentation, any relevant process, and notifications.

 3. Sherm

 Made by Safety For Life, a Brisbane-based Occupational Health and Safety consulting and software firm, the web-based injury case management software is designed to support an organisation’s safety management program. It helps by managing OHS obligations, constraints, and commitments, and provides comprehensive reporting and tracking to boost employee safety and engagement.

 4. Incident Report

 The software is designed to identify risks, hazards, and failures, which may have caused the incident. That way, you can identify improvements and apply them to avoid future incidents. An online-based platform ensures that every incident is effectively managed and captured from anywhere in the workplace, and that incidents can easily be followed up with investigations and actions.

 5. SolvInjury

 Injury case management software that can help your organisation remain compliant. It comes with an intuitive online platform that lets you manage all aspects of workers compensation claims and covers self-insurance and all jurisdictions.

[extropic-engine]

Private Investigator Charleston SC - Some Insights

Corporate Investigations are also referred to as business investigations. These services investigations meticulously investigate business operations, leaving no stone unturned. They dig deep to determine if a possible business partner is genuine. They also try to uncover any fraud or embezzlement going on, and check out if a potential business merger will be beneficial. To get additional info, get more

They also have the potential to cover criminal inquiries, intellectual property investigation, and financial searches. Thus, everything that concerns a business can be investigated and can be classified under the umbrella of Corporate Investigations.

Who Needs Business or Corporate Investigation Services in Brisbane?

Today, whether a business will prosper or fail relies heavily on keeping themselves informed. This would enable to make the key decisions at the right time. These investigations empower with the tools to make success a reality.

The background checks for both the employees they hire and companies they deal with, provides them with valuable information about whether their workers and/or business partners are trustworthy. This can save the company from a latent lawsuit down the road.

In addition to the above, corporate monitoring operations, including brand monitoring, compliance audits, media monitoring, and internet monitoring can help a business continue to prosper with the passage of time. More so, avoiding any possible catastrophes can be achieved by resolving problems before they become too big. Thus, allowing the business to identify problems and wrongdoings before they become too difficult to manage.

How are Workcover Investigations Conducted?

There are a number of ways about how investigations are conducted and all of them are tailored to meet the specific needs. A company or individual can consult with a Private Investigator (PI) or TSCM Investigator first so that the PI can determine which tools are appropriate for the situation.

Why Private Investigators are needed for Appropriate Business Investigations?

Running a business successfully means being completely informed with everything going on about the market, competition, and brand. Thus, it is no secret that large businesses often have their own in-house private investigators, or if not, they will often hire private investigators on a retainer basis. This strategy would allow them to have an edge over competitors, so that they be on top of their business. Not to mention that this also helps defend them against internal theft, sexual harassment issues, safety penetration, and fraud.

[clubsocial-india]

'Immoral and unethical': Ombudsman slams WorkCover scheme and WorkSafe

Vulnerable Victorians seeking workers' compensation are being failed by WorkSafe and its insurance agents, an Ombudsman investigation has found. The regulator has also been slammed for lacking teeth. from Sydney Morning Herald - Latest News Read More from Blogger https://ift.tt/33INf1u

[memories-left-unspoken]

Sydney man killed in forklift accident

Workcover has launched an investigation after a man was killed in a workplace accident in the Sydney suburb of Banksmeadow last week. The 35-year-old was killed when a truck ... [ Local News Story ] from Forkliftaction News https://ift.tt/2RIdzUE via http://affordable-machinery.com/category/forklifts/

[privateinvestigatorsuniverse]

How to choose the right Investigator for Surveillance Services?

Perhaps you have found irregularities in your business and suspect the involvement of your employees or competitors in theft or fraud.

If you are at the point where you need to get to the bottom line of the matter and you realise you are out of your depth, then you must seek the services of a private investigator.

An experienced private investigator can provide a vast array of services, including surveillance services, infidelity investigation services and more.

It is highly recommended to hire a private investigator who specialises in providing similar services you are seeking.

For example, if you are seeking bug sweeping services, then you must hire a private investigator with extensive years of experience in the industry in providing best in class bug sweeping investigations services.

However, selecting a competent private investigator can be a daunting task especially if you have no previous experience working with one.

There are numerous factors to consider when looking to hire a private investigator and below-listed are a few fundamental points that will help you make an informed decision.

●        Seek Out Referrals

Although the majority of investigators advertise in local directories or on various search engines, there is no substitute for a referral.

If by chance you know of someone who has taken services from an investigator, especially for a similar type of investigation services you are seeking. Always remember to ask them for their opinion on the person they have opted for investigation services.

●        Check their Qualifications

Make sure you check their credentials such as work experience, educational background, additional training, and whether the individual or company possesses an up-to-date license as required by law. Check their references for credibility and make sure they have a sound track record.

●        Interview the Investigator

Once you have narrowed down a list of possibilities, always remember to ask necessary questions to the investigator about their qualification, experience and previous work. Make sure you choose an investigator that does not shy away from showcasing their references.

In conclusion, these above-stated are some of the tips to choose the right investigator for surveillance services.

[sweetlifetownsville]

Shark bite reveals holes in insurance for Great Barrier Reef volunteers

Updated May 24, 2018 17:54:19 The first thing to go through Mathew Vickers' mind when a 2-metre grey reef shark ripped into his arm was that it was statistically improbable. "This shouldn't be happening," he told 7.30. "I couldn't buy a lottery ticket that day but if I did, I most likely would have won." "I looked at my arm, it was bleeding to some extent and a massive flap of skin was hanging off. "It was 17 seconds from shark bite to stumbling upon the boat." 'Get out of the water because something's gone wrong'

Photo: Mathew Vickers with his arm strapped up after being bitten by a shark (Supplied: Mathew Vickers) Mr Vickers was a volunteer aboard a four-week coral reef research mission, funded and conducted by James Cook University (JCU) and their world-renowned coral reef studies centre. At the time of the incident, he was snorkelling and filming underwater off Lizard Island in the Great Barrier Reef, while others in the group were feeding the marine life. "My thoughts were, get to the boat," Mathew Vickers said. "Get my arm out of the water, don't drop my camera, tell the rest of the people to get out of the water and that was it. "That was my thought process: get everyone out of the water because something's gone wrong." Mr Vickers was airlifted to Cairns Hospital, where he was met by his girlfriend Astrid Vachette, and received 90 stitches in two operations to save his arm. "It was an accident, he still had two or three weeks to go, he was gaining so much experience. I think he was just annoyed by the whole situation of now he's in Cairns, trying to think about logistics," Ms Vachette told 7.30. It was then his battle with JCU and their insurers over his out-of-pocket medical and travel expenses. 'Do not engage in activities that may attract sharks'

Photo: The grey reef shark that bit Mathew Vickers (Supplied: Mathew Vickers) Mathew Vickers was under the impression he was fully insured by JCU and their insurer. The day after the incident, Mr Vickers received a reassuring email from the team leader of the research trip. "Just spoke to JCU, you are all covered as I suspected, they will pay for everything until full recovery," his colleague wrote. "I felt good that the university would have my back," Mr Vickers said. But three days later, another JCU employee backtracked, telling Mathew Vickers that he had "a very limited level of coverage" that was "similar to that of a student who injures themselves". To date, he says he has only received $555 from the university's insurer for his out of pocket medical expenses, which he says total up to $5000. Volunteers and students in Queensland are not insured under WorkCover and it's up to JCU to investigate the incident internally. Lizard Island Research Station's induction program says there's a moderate risk of being bitten by a marine animal, stating, "Do not engage in activities that may attract sharks". But in emails obtained by 7.30, the team leader admitted that "feeding the beasts" was his idea. "My idea and my execution, so my bad," the team leader wrote to Mathew the day after he was bitten. "My other main fault was my naivety, that it was a harmless activity." For his part, Mr Vickers, who said it did occur to him to take out his own insurance, said he does not blame the shark. "In hindsight I guess I shouldn't have even been there on the day," he said. "If you've never swum with sharks before I wouldn't encourage that." To date, JCU has not granted Mr Vickers access to the report after his application under the Right To Know Act. Reef volunteers

Photo: Mathew Vickers shows his shark bite wound (Supplied: Mathew Vickers) Mathew Vickers' shark bite has revealed more than just his flesh and bone. It's revealed how some researchers on the Great Barrier Reef can be dangerously under-insured. Unlike other states, Queensland doesn't cover volunteers in the same way as the employees they work alongside. "The university, and universities everywhere, rely very heavily on volunteer culture. And people helping each other in their research projects," Mr Vickers said. "I guess the hope is nothing goes wrong. "They should ensure that the next volunteers are treated properly and never have to fall into the same situation." James Cook University declined 7.30 request's for an interview. However, they said they have reviewed the incident and are now considering how they might further support Mathew Vickers, including financially. "The snorkelling activity was not part of the JCU field trip. Despite this, JCU has and is continuing to provide support to Mathew Vickers." a JCU spokesperson said. Topics:shark,volunteers,university-and-further-education,insurance,workplace,townsville-4810 First posted May 24, 2018 17:19:43 http://www.abc.net.au/news/2018-05-24/shark-bite-opens-up-reef-volunteer-flaws/9796284

[apxiumsoftware]

What are the Benefits of Purchasing Tax Audit Insurance?

Nobody likes a tax audit. Once upon a time, only the most prominent companies and the wealthiest people had to deal with these things. But in recent years, the ATO has reached out to many small and medium-sized businesses and requested an audit. A tax audit costs time and money. That's why Tax Audit Insurance is a good thing, but it's even better to avoid tax audits altogether.

What is a Tax Audit? Tax Audit Insurance is essential for any business to ensure that it is covered against unexpected circumstances. Every good accountant strives for perfection and precision in preparing their clients' tax returns.

Over the years, the ATO has intensified its audit and compliance activities to recover substantial amounts of unpaid or underpaid taxes. This activity will continue to grow in the coming years.

Here are The Benefits of Tax Audit Insurance:

It's Easy:

To be covered by an audit insurance service, all you have to do is fill out the customer acceptance form and follow the payment instructions.

The ATO Has A Variety of Additional Resources:

Each year, the ATO provides funds to review, research and review the submissions of many individuals, companies and SMSFs. Audit activity is likely to increase with such resources available to the ATO, even those not previously addressed.

You are Fully Covered -

All your current and previously filed returns are covered by the Audit service, even if you had a different accountant for your tax matters in the past. All federal and state tax authorities are affected, and the list includes income tax, ancillary services tax, GST, employee pension, wage tax, SMSF, WorkCover, property tax, and more.

No Unplanned Fees -

If adjustments are required to your submitted returns, the cost of professional fees, including specialists.

It is Tax-Deductible -

An advantage of the Audit insurance service is that you can add it to your list of tax deductions each year.

Through the use of third parties, such as banks, employers, and insurance companies, the ATO can review and monitor the information provided on your tax return. If the ATO believes that you are not meeting your obligations, or if they believe an error was made in your statement, they may conduct a review or audit to investigate your issues and ensure that the information provided to them is correct.

Tax Audit Insurance can be time-consuming and expensive as they struggle to get the information from their accountant to perform the audit. It can start with a phone call or letter from an ATO representative and potentially turn into a full audit or investigation involving multiple meetings with your accountant and open access to all of your records and systems.

Audit Insurance length of the troubleshooting process varies from case to case and can range from a few days to many long and anxious months. Depending on the type, it can come out of your pocket for a very substantial amount of money.

Related Post: What Is the Significance of a Tax Audit Implication?

[lawyergraduates101-blog]

Medical certificates – when can an employer question an employee’s evidence?

When an employee provides a medical certificate stating the employee is not fit to work, the employer must generally grant the employee personal leave (sick leave) for the relevant period. Section 96 of the Fair Work Act 2009 provides an employee with 10 days of paid personal/carer’s leave for each year of service, accumulating progressively. To take personal leave, the employee must be unfit for work because of a personal illness, or a personal injury effecting them (s.97). A certificate from a medical professional stating the employee is unfit for work must prima facie be taken as evidence, satisfying the requirement under s.97. However, where the employer has a real suspicion the medical certificate is fabricated or that the employee is fit to work, there are some situations in which the employer may be able to challenge the employee’s evidence. I will discuss three situations in this blog post:

The employer suspects the medical certificate is fraudulent;

The employer suspects the medical certificate has been altered by the employee; and

The employer believes that despite a valid medical certificate being produced, the employee was fit to work in the period.

Employer suspects medical certificate is fraudulent

In examining a medical certificate, an employer should look to see whether the medical certificate contains basic information such as the information listed in the AMA Guidelines for Medical Practitioners on Certificates Certifying Illness 2011 (revised 2016):

Name and address of the doctor issuing the certificate;

Name of the patient;

Date on which the examination took place;

Date on which the certificate was issued; and

Date(s) on which the patient is or was unfit for attendance (5.1).

General practitioners are not bound to follow these guidelines and an absence of one of these items does not mean the medical certificate was not validly issued. While the AMA Guidelines state the certificate should be legible and written so that a non-medical person is able to read and understand it and be written on stationery designed specifically for this purpose (5.3), my experience as a legal practitioner is that this guideline is often not followed by doctors. While a medical practice will not provide any information about a patient or a patient’s condition (due to privacy obligations), they will ordinarily be willing to simply confirm whether or not a doctor works at the practice or whether or not a doctor issued the certificate. However, before making such an inquiry, the employer should have real reason to doubt the validity of the medical certificate.

The absence of a doctor’s name or doctor provider number could be sufficient reason to make inquiries. In Tokoda v Westpac Banking Corporation [2012] FWA 1262 Ms Tokoda presented her employer with a medical certificate that did not have the doctor’s provider number on it. The employer then made inquiries with the medical practice and was told that the doctor had not provided the certificate and that the employee had not been present at the medical practice since 2009. After an investigation the employee’s employment was terminated, as Westpac had lost the trust in the employee necessary for her continued employment in the banking industry. The FWC dismissed the unfair dismissal application, taking into account the fact the employee worked in a bank, a position requiring the highest standards of honesty and integrity. The employee was not just dishonest in falsifying the certificate but continued to be dishonest afterwards during the investigation. Note this case is specific to the facts and even where a medical certificate is found to be fraudulent, it should not be seen as a “slam dunk” reason for summary dismissal.

Employer suspects medical certificate has been altered by the employee

In Hammond v Australian Red Cross Blood Services – Sydney [2011] FWA 1346, a nurse Ms Hammond brought an unfair dismissal claim against the Australian Red Cross after her employment was terminated following her production of an altered medical certificate.

Ms Hammond sustained a back injury at work and was on reduced duties and restricted hours in the period before producing the altered certificate. She obtained a WorkCover Medical Certificate on 6 September 2010 which cited only one restriction “avoid mobile units”. The medical certificate did not cite the list of restrictions that had been on previous medical certificates. Ms Hammond contacted the medical centre, spoke to the receptionist and asked whether the doctor had wanted all the restrictions included. The receptionist advised her she could put further restrictions on the certificate. Ms Hammond made those changes to the certificate believing the doctor had given her permission to do so. The Australian Red Cross obtained a copy of the medical certificate directly from the medical practice and called Ms Hammond into a meeting without a support person or union official to explain the discrepancies. She explained how she had altered the certificate. The Australian Red Cross summarily dismissed her (albeit with notice).

The FWC found Ms Hammond had been unfairly dismissed as her conduct did not constitute a wilful or deliberate attempt to commit an act striking at the heart of the employment relationship. The reasons the employer provided for dismissal being fraud and corruption and breach of a code of conduct were not sound, defensible or well founded. Ms Hammond was reinstated.

Deputy President Sams found the conduct warranted a warning only. Employers should take note of the following paragraph:

That said, it troubles me to say that I find the conduct of the respondent towards the applicant, from July to September 2010, to be appalling and unacceptable. The respondent’s actions ill behove the standards of behaviour I would expect from any employer; let alone one of the size, functionality and reputation of the Red Cross Blood Service. In my view, the respondent embarked on a deliberate and reprehensible campaign to threaten the applicant’s ongoing employment, based primarily on the grounds of her unfitness to fulfil her pre-injury duties. When it found what it thought to be the perfect grounds for the applicant’s dismissal - her alteration of the 6 September 2010 medical certificate - it pounced on her with speed and gusto, denied her procedural fairness and accused her, without mincing words, of the most serious of conduct, being corruption and fraud. I believe the applicant’s consequent dismissal to be manifestly unjust. On any objective analysis, the applicant’s alteration of a medical certificate was nowhere near what any reasonable person might consider to be corrupt, fraudulent or illegal conduct. This is so, not only because of the nature of the conduct itself, but because of the circumstances surrounding the conduct. That is not to say that the applicant’s alteration of the certificate can be condoned or that she is entirely blameless for what happened. Indeed, she readily admits that she did the wrong thing. But given the following circumstances, the applicant’s conduct warranted no more than a warning, and most certainly not summary dismissal for fraud and corruption.

Employers should be very wary when alleging a medical certificate has been altered. Even where there is clear evidence showing the employee has altered the certificate, it will likely only warrant a warning unless it is done in such a way that is so significant such that it destroys the trust required in the employment relationship.

Employer believes that despite a valid medical certificate, the employee was fit to work in the period

In Anderson v Crown Melbourne Ltd [2008] FMCA 152, the Federal Magistrate’s Court upheld an employer’s decision to dismiss an employee after the employee had attended a football game while on sick leave.

Mr Anderson provided his employer Crown Melbourne with a medical certificate from a registered medical practitioner covering 1 September 2007. On 1 September 2007 Mr Anderson had attended the Essendon against West Coast game in Perth. He had obtained the medical certificate from Dr Salter on 27 August 2007 which covered the period of 1 September 2007. He had discussed going to the game with a number of colleagues including his supervisor and had spoken of his intention to obtain a medical certificate for this period (at this time he had already obtained the medical certificate covering 1 September 2007). On 29 August 2007 his supervisor Mr Branson met with him and said that misuse of sick leave will be treated very seriously. Mr Anderson said he would have a medical certificate. Mr Branson responded that he did not see that attending a football match was a legitimate use of sick leave. On 2 September 2007 when Mr Anderson attended work he was called into a meeting where he asserted it was not up to the Crown to question his medical certificate.

Federal Magistrate Burchardt preferred the evidence of Mr Anderson to Dr Salter and found that Mr Anderson had told Dr Salter he wanted to see the game at Subiaco on 1 September 2007 and made it plain this was very important to him. Dr Salter without it even being requested gave him a sick leave certificate for one day to enable him to do so and gave evidence that he formed the view Mr Anderson would be distressed as a football fanatic if he was unable to attend and may find it difficult concentrating at work. Dr Salter conceded that issuing a certificate as he did on 27 August 2007 dated 1 September 2007 was itself inappropriate and improper. Dr Salter had previously had two incidents of difficulties with accuracy in issuing medical certificates. On the two occasions the Medical Practitioners Board of Victoria found Dr Salter was a man of a particularly compassionate nature and had allowed that compassion to overbear his professional judgment.

The Federal Magistrate then considered whether Mr Burchardt had indeed been ill on 1 September 2007. He decided that the evidence showed Mr Anderson was at all time in excellent physical health, was not suffering from depression or other diagnosable medical condition and that despite the medical certificate Mr Anderson was not ill on 1 September 2007 and that the subsequent termination of his employment was not unfair.

While the case was decided under the old Workplace Relations Act 1996 on very unique facts, employees and employers should note the following points:

A medical certificate from a qualified medical practitioner within the practitioner's area of expertise is prima facie to be accepted ([80]).

It would only be in the most unusual and exceptional circumstances that an employer and/or by inference a Court would not accept the validity of such a certificate ([81]).

A court or an employer is not necessarily bound to treat a medical certificate as binding on them where an unusual or exceptional circumstance exists ([79]).

It is a high risk approach to commence investigations merely because the employee was seen “out and about” when they were on sick leave, as the employer will generally not be aware of the exact reason why the employee is unfit for work on the day. If an employee is unfit to work because of a mental illness, it may be beneficial to their treatment to attend social gatherings with family members. A doctor ordinarily will not specify on a medical certificate the condition the employee is suffering from.

Risks

There are risks associated with taking action such as issuing a warning or dismissing an employee including unfair dismissal and adverse action claims. To reduce the risk of a successful adverse action claims, employers should be careful to focus on the medical certificate as evidence and not the employee’s time taken off work. If discrepancies are found, the emphasis should be on the dishonesty and breach of trust arising from the fraudulent/altered medical certificate.

Personal leave is a workplace right under s. 341 of the Fair Work Act and the failure to provide personal leave to which an employee is entitled may constitute adverse action under s. 432(1). However, an employee is only entitled to take personal leave where the employee is not fit for work because of a personal illness or personal injury affecting the employee. An employer must ensure they are able to establish any action taken against an employee was not taken because an employee was exercising their right to personal leave. The onus will be on the employer, as it will be presumed the action was taken because the employee was exercising their right to personal leave unless the employer proves otherwise (s. 361).

Employers should act cautiously when approaching medical certificates and only begin investigations when there is a valid reason to question the medical certificate. A valid reasons to make further inquiries might include where the date on the medical certificate has been obviously erased and altered or where the medical certificate has been issued by a doctor who retired years ago.

Summary

Remember the basics. Medical certificates should prima facie be taken at face value. Before making further inquiries the employer should have a real reason to do so. An employer should only challenge the evidence in a medical certificate issued by a medical professional in “unusual or exceptional circumstances” (Anderson v Crown Melbourne).  

[footyplusau]

Ex-Bomber’s ‘late-night threats’ part of blackmail probe

Former Essendon premiership player Dean Wallis allegedly made a series of late-night irate and threatening phone calls to senior people within the AFL and Essendon and is now one of the subjects of a blackmail investigation by police.

Wallis, a two-time premiership player, is understood to have called AFL chief executive Gillon McLachlan, Essendon chief executive Xavier Campbell and his predecessor, Ian Robson, making serious allegations and threats.

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Mick Gatto teases new Essendon evidence

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Mick Gatto confirms Bombers link

Mick Gatto confirms Bombers link

The underworld figure says he was approached by Essendon during the height of the supplements saga.

Mick Gatto teases new Essendon evidence

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Mick Gatto teases new Essendon evidence

Mick Gatto teases new Essendon evidence

In a press conference he called in a cafe, Mick Gatto alludes to new evidence in the Essendon Bombers doping saga.

AFLW plays of round 5

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GWS open their account, Vescio takes a screamer, Alicia Eva shows Freo a clean pair of heals and Brisbane and Adelaide are the AFLW’s best teams.

Swans outlast neighbours in the wet

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Swans outlast neighbours in the wet

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Sydney slogged their way to a 12-point JLT Series pre-season victory over GWS in torrential rain at Blacktown.

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Kaitlyn Ashmore kicks a goal of the year contender, the Pies get their first win and Tayla Harris takes down two in a huge collision.

Suns sneak past Bombers, Kangaroos down Hawks

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Suns sneak past Bombers, Kangaroos down …

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The Gold Coast fight back from 24-nil down to defeat Essendon in Mackay by three points, while a strong effort from North Melbourne saw them beat Hawthorn by 11.

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Melbourne and West Coast have enjoyed 50+ point wins over Carlton and Fremantle respectively in the pre-season competition.

Mick Gatto confirms Bombers link

The underworld figure says he was approached by Essendon during the height of the supplements saga.

Wallis and another former employee, John Elliott, have made serious allegations about the club as part of a compensation claim after losing their jobs at the club. Elliott’s father, also named John Elliott, is understood to also be the subject of a police blackmail investigation.

The AFL advised Essendon to go to the police with a blackmail complaint after the club had sought the league integrity unit’s help in how to deal with the two disgruntled former employees.

The Bombers executive team is understood to have contacted the AFL’s integrity unit several weeks ago in part to alert them to the serious allegations that were being made about the club in a Workcover claim and secondly to seek advice on how to handle threats that were being made against the club and individual employees.

Xavier Campbell is understood to have informed the league that demands had been made for money by Wallis as part of the compensation claim but also by Elliott Snr that unless money was paid then they would go to the media with serious allegations.

News Corp Australia on Thursday published a sworn statement by the pair as part of the Workcover claim. They alleged cocaine use and sexual harassment claims at the club involving at least one senior figure had been covered up. They further alleged that the club had been in negotiations with underworld figure Mick Gatto at the height of the Stephen Dank, Shane Charter drug-injecting saga.

In a TV interview on Thursday night, Gatto claimed he had been approached by Essendon to help “sort out” the supplements scandal, but that he had also approached the club on behalf of biochemist Charter.

Gatto answers media questions about in Lygon Street on Thursday. Photo: Pat Scala

Essendon chairman Lindsay Tanner released a statement on Thursday night claiming Gatto had contacted the club offering his services, not the other way around.

“As previously stated, Essendon CEO Xavier Campbell has had no dealings with Mick Gatto and kept the AFL Integrity Department informed at all times,” Tanner said.

Former Bomber Dean Wallis. Photo: Getty Images

“I am advised by my predecessor Paul Little that he was approached by Mick Gatto offering his services and this offer was declined.” The club strenuously denied these allegations and it is understood these were among the allegations which were threatened to be made public that were at the heart of the blackmail claim.

Wallis and Elliott signed sworn statements for investigators also alleging a fraud involving the healthcare rebate. The pair claim to have blown the whistle on the scam to senior club officials only to be told to keep quiet about the claims.

Biochemist Shane Charter in 2013. Photo: Wayne Taylor

The AFL Integrity Unit, which employs former senior police officers, advised Essendon that the seriousness of the threats and allegations warranted them making a complaint to police.

Victoria Police on Thursday confirmed they were “investigating a report of a blackmail matter. As this investigation is ongoing, it would not be appropriate to comment further at this time”.

Workcover investigated the claims made by the pair who had both lost their jobs at the club – Wallis had been an assistant coach who did not have his contract renewed and Elliott, who had been hired by James Hird at the time of his arrival as coach was made redundant after a department restructure.

Workcover interviewed more than a dozen current and former Essendon employees as part of its investigation and rejected the Workcover claim. Elliott is appealing the Workcover decision. The pair has also made a claim against the club’s insurer for stress.

The post Ex-Bomber’s ‘late-night threats’ part of blackmail probe appeared first on Footy Plus.

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