NSW Employee Rights and Fraud Investigation?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Emma GMM

22 June 2015
What constitutes fraud? How is a person convicted of fraud? If an employee breaks a policy with no malicious intent to deceive, would that be considered fraud? What are the employee rights when an employee is under investigation for fraud?
Thanks in advance to all who replied.


LawConnect (LawTap) Verified
27 May 2014
Sorry, not enough detail to be able to comment.

You can't be convicted of fraud without a court hearing. You'll know if you've been charged when sent a summons to appear at court or arrested by the police.

Emma GMM

22 June 2015
Hi rod,
Thanks for the information. This relates to a reimbursement made for a team lunch. At that time, money was collected from the team to pay for it. But this was subsequently reimbursed to the employer. The reimbursement was made more than the required time to do the reimbursement. Second, the money should have been returned back to the employees. However, the collector asked some and not all members of the team to give them.back the money but they declined suggesting that he keep it for coffee meetings etc. Is this considered fraud? First there was a breach in policy due to claiming the expense past it's allowable date which he didn't know. Second being complacent in handling other people's money. The money was in a drawer, like emergency money for the team. Is this fraud? What are the rights of an employee in this instance?



Well-Known Member
10 February 2015
Hi Emma,

Fraud is an intentionally dishonest act or omission with the purpose of deceiving.
It seems that someone has collected money from you to pay for a lunch. However they have collected the money after your employer's window of opportunity to collect owing money has passed. That is a company policy, not a law in the general sense. It doesn't seem that someone has tried to deceive you, just that you're out of pocket for a lunch. So no fraud and no illegal act.

What is it that you're wanting? You're money returned as per company policy?
If so, you should speak to your employer/ manager/ supervisor/ HR.