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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44669
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I have been requested to attend a disciplinary meeting

Customer Question

Hi I have been requested to attend a disciplinary meeting for serious misconduct for an accounting mistake that was made over 10months ago and I made the company aware of - what are my options can this still be treated as serious misconduct after such a long period of time?
Submitted: 1 year ago.
Category: Australia Law
Customer: replied 1 year ago.
Clarification - I made the company aware of the mistake 4 months ago when I picked it up
Expert:  Leon replied 1 year ago.

Good Evening

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

Did you do anything to rectify it?

Customer: replied 1 year ago.
I notified the relevant people as soon as I was aware
Expert:  Leon replied 1 year ago.

Good Morning

Provided you have complied with the requirements, you have a response to their allegations.

Why did you not try and fix the error?

Customer: replied 1 year ago.
Hi the issue is that invoices were raised late and the client is now reluctant to pay, I do have another question does the definition of serious misconduct assume that an act is deliberate?
Expert:  Leon replied 1 year ago.

Good Afternoon

Misconduct tends to be a deliberate action.

They should have a policy in place.

Here is what the act says it is

http://www.austlii.edu.au/au/legis/cth/consol_reg/fwr2009223/s1.07.html

I dont think they can treat this as serious misconduct it was an error and if they terminate you you have a claim for unfair dismissal.

I hope this makes sense and is of assistance. If there is nothing further

thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards

Leon