Accusations of fraud against an employee

Mrs Smith worked as the office manager for a plumbing company. Over the years Mrs Smith became the go-to person for the plumbing company when it came to any kind of administrative task. 

About 3 years ago Mrs Smith and the owner of the plumbing company, Mr Jones, had a conversation one night during which Mrs Smith got angry because of all the work she was being asked to do after hours. Mr Jones persuaded Mrs Smith not to resign and said to her that he wanted her to have 10% of the business. 

Subsequently Mrs Smith annually calculated 10% of the taxable profit made by the plumbing company and did an EFT transfer of that money to her own bank account. She assumed that this was what Mr Jones had wanted to happen. 

 

 

Mr Jones is about to sell the company and his lawyer in the sales transaction asks about these EFT transfers. 

Mr Jones claims he never intended for Mrs Smith to simply transfer the money in this way and that he had meant for the 10% profit arrangement to be negotiated, later. 

Mrs Smith has now been served with a writ for recovery of the money and seeks a lawyer to act for her in the case.