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My bookeeper who we fired has put my company into severe…

Customer Question
My bookeeper who we...

My bookeeper who we fired has put my company into severe financial trouble. She lied to us that tax was bad, did not pay bills for 12 months that we've incurred $100k debt, stole from us. How can i report her? We have since got a new bookkeeper who is slowly getting us back with the ATO etc, but it has been so stressful and we are still making a loss from all these debts.

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Victoria. She was a supplier and we paid a monthly retainer.

Lawyer's Assistant: Has anything been filed or reported?

She ran her own bookkeeping service. All debtors were sent to an accounts email that went to her. Our accountants also gave her paymentr details re ATO and followed up and she said it was paid but lied no. She put an international flight on the company's flight centre account and after we let her go we went through teh fligt centre past accounts as we suspected she was doing something dodgey and found it. Her name as a passenger. She never paid the company back. We since confroted her and she paid. But she never assisted us and the new bookkeeper with identifying if the $100k media monitoring dent was an error. We since realised that she never paid it. Like our TPG account. All these debtors came out that now the business is making a loss and we the ATO wont give us payment plans as she defaulted them. So its tough.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Well basically she stole from us and malpractice. We had good faith things were done. We asked her for reports and how things were going and she was saying you are very profititable, but she never included GST. Just really bad management :-( Caused my business partner and I lots of stress. Aged so much this year! lol

Submitted: 10 months ago.Category: Australia Law
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Answered in 4 minutes by:
10/7/2017
Solicitor: Leon, Solicitor replied 10 months ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,933
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Hi, I am Leon, a NSW Solicitor. I will be assisting you with your question. If you choose a telephone call, you will be charged an additional fee.

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Solicitor: Leon, Solicitor replied 10 months ago

Good Afternoon

If she has stolen money you report it to the police.

If she has been negligent and cost you money you may have an action against her.

Here is some information for you and the link it came from.

Negligence

Whilst employers are generally jointly liable with the employee for an employee's negligent acts or omissions, employers are not responsible for every such negligent act or omission. Where the apparently negligent act amounts to serious and wilful misconduct, or did not occur in the course of, the employment, the employer will not be liable and the employee must accept sole liability for the consequences. Thus, employers may not be liable for assaults in the workplace, which will generally constitute serious and wilful misconduct by the employee concerned. And employees whose wrongful acts are not really related to their employment may have to pay for the consequences alone.

http://www.aitken.com.au/news-blog/news/employee-liability-overview

If she was an independent contractor then you definitely can sue her for negligence.

She should also be insured and covered for her negligence.

I hope this makes sense and is of assistance. If you wish a phone call please elect for one but be aware it will be an additional fee. 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

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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