Morally Right - Legally Screwed !!!

Ok.. I'll try to explain this as best as I can without going on and on.. Cause when I am mad, I can go on, and on, and on.

I employed a Property Manager 6 years ago.. Paid Award wage, check.. Gave payslips, superannuation slips, had wage books, all the appropriate paper work.

The person handling this side of the bookwork left. Alas my Property Manager who came acclaimed, didn't increase the business so I handed her the responsibility.. All paperwork "correct"..

One year later, I downsized, business here was not as good. I went it alone and kept her. But, Superannuation was behind (my job), (my problem). I spoke to her about it advising that I may have to take over the Property Management to clear it for her.. She asked me not to, begged me not to and so did her Millionairre boyfriend (62) she is (25).. She would call me "Mum" and acknowledged same of facebook, have a printout. So we decided to keep going and fix that later.

Later, ATO (Tax Department) audited me on PAYG and Super. Turned out one of my Agents defrauded. Fine, they accepted my records, and went for him, told me I couldn't arrange this "arrangement" with my Property Manager though with Super, legally even with the promised 11% on top that is the case here, that I should have reported it, slap but that's it.. They were satisfied that I was purely ensuring she got her super, staying in business.. And arrangements were entered into.. They were great actually... All was well.

Fast forward. April, last year she took on a Diploma for Real Estate, obviously one day to own her own. She forwarded a resume to me for her Tafe (College) course, asking if I could check it sign it, make it look legit so she would get great points and to add if I wanted. I asked her if she was leaving, jokingly, the answer was off course no.. I did all that, check, sent it back.. (Only have found an email that asks her if she was leaving me) ..

November she resigns. Got herself a job worth double.. Claims never used the resume. 3/11/2012. Leaving 2/12/2012. Holidays for Annual Leave 10- 24th.

November "embessled" a weeks wage plus petty from my bank (she paid her own wages), as she was in Bali (2 weeks holiday). She had paid herself 3/11, 10/11 and 17/11 to the 24th. She was "told" to put it back in via text messages off course. Refused. She first wrote pay for 3/11. Then when questioned said there are 4 weeks in Nov, when told yeah ya back on 24th and that's the due date put it back in. She ignored. Now to confirm this, obviously I have to file a complaint to SA Police. Get them to get the records from my bank to confirm that the monies were transferred from Bali... The banks will not do it alone as it's not fraud as she had the bank details as an employee.

So here is the dilema "finally" ...

She had all her Annual Leave over those 6 years, BUT she is claiming 30 days $3000. ? When I saw that I provided her with pay advise from my bank for 15 days of that claim, she ignored it. Xmas we were closed she was to take a week off, I paid her but alas she didn't pay herself Annual leave entitlements, BUT she forgot in November 2011 as well until she was in Bali

And alas she never kept the appropriate paperwork and off course that was part of her job.

Whilst away I found out that she did 50% of her job, for at least 2 years. Tenants told me, Landlords told me lucky for me they are all still with me. But when confronted? She said " I was bored" (she worked from home part of it, as I sold the building to keep going) ... So she was happy with the full wage, but working half the hours and I have 4 events she attended on facebook printed off "luncheons" that she is not saying were "annual leave".

Off course Iwent off when she returned. Off course she just said, bad luck I've resigned.

So..............Are you still reading?

I am determined to fight this.. Don't care if I have to pay, hopefully none, or half.

But, to do so I have to file a police report to prove she committed embesslement, and paid her own annual leave. Proof.. that she is a lier, thief and paid her wages. Stat dec, sighting the text messages regarding this.

I forgot to say she took me to Fair Work first who dissed it all, told me she is a con artist, her dates included weekends, it's clear I provided evidence of 15 days but she ignored them and it's clear she paid herself.

They also informed me that I have to inform ATO that she may not have claimed her annual leave as my accountant didn't as well as petty cash she took, she may have claimed all of that as well as me.

Obligation.

I know morally she's a thief lucky the other two that call me Mom are Canadian and American and are real.

Anyways.. I am also worried as her man is a millionairre if he will "organise" anything if I persue.

But, I am damned if I am going to let a thief go on technicality, not enough paperwork ( when that was her job) and she obviously, deliberately didn't keep the records .. But my bank statements show it, clear. Her bank statements has to show it as well, (bar the Christmas's) which she knew exactly what she was doing, (she can't prove it).

I want to reply as I have 7 days to do so before she takes it to Court.

Well, I will have to charge you with embesslement in order to prove you paid your own wages/kept therefore your own records (only other employee) as well as dis-crediting you for taking money from my account knowingly when it was not due..

What would you do?

Oh and yeah I be mad, ATO, her new Boss the works come after.

Yeah I know it's my fault for not checking but when someone acts like a daughter and you suffer and look after her to keep her safe, you would never see this coming.

WORKS FOR SELF NOW, DOES IT ALL INCLUDING SALES, IS DOING GOOD...

Appreciate any advise as obviously can't afford a lawyer lols.