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Patrick H.
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 5357
Experience:  Dip Law LPAB - Sydney based lawyer
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I am Taxation agent - a former employee of mine whilst in my

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I am Taxation agent - a former employee of mine whilst in my employment solicited clients to service in his own time for a personal remuneration without disclosing that to me. In addition before he resigned he downloaded my client's data base on his personal computer and used to solicit clients to move across to him.
I have discovered this after he had left by going through a computer program that I installed on his computer that recorded everything that he did, including vary delicate conversations with a colleague of his of how to defraud me. I would like to report them to the Tax agent's Board of Aust. However the manuscript that I have incriminates his colleague as well. My question is can I leave the manuscript in its entirety when I present it with my complaint to the Tax Agent Board.
Hello and thank you for your question.

If your employer has stolen your client list and been pinching your clients during the course of his employment then he is undoubtedly in breach of his obligations as an employee and you will likely have good prospects of suing him for damages for any loss which has resulted (such as because of lost business).

Furthermore, you should be able to obtain an injunction against his continued use of your client list.

If he has commited actual fraud, as in obtaining a financial benefit by deception then it would appear he has committed a crime and you may refer the matter to the police. The police may or may not act depending on how strong a case they think they can make, but you certainly can pursue the civil options above.

As to your question about referring the matter to the Tax Agents board, they may be reluctant to act on such an allegation unless you provide the evidence in full, as if you simply hide some portions of the available evidence it may raise suspicions that the evidence is flawed in some way. Eventually they may subpoena it in any event, if any legal action arises in which case you would likely have to produce it in full.

A further alternative is to engage a lawyer with a view to negotiating a satisfactory settlement with this person. I would not suggest you attempt this directly without a lawyer as if you do not handle it right you might be accused of blackmail or extortion.

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Thank you and good luck.

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