NSW Employment Law - Can Boss Fire Me for Alleged Misconduct?

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25 February 2017
My boss has found written customer orders in a photocopier. I am the only other full time employee, but a few casuals do have /had keys (she hands them out easily to family, friends vague casual employees. I would also like to note that my boss consistently misplaces and forgets and looses things, including order and stock take books, etc, etc.)

We are a small business and she is the owner operator so I do generally just accept the blame for any/all mistakes and move on. We have almost no policies or procedures.

I am concerned someone else is either copying orders or she's setting me up so she can fire me for serious misconduct and not have to pay out my leave.She recently disclosed to me that she is selling her business and is thinking of putting me from full time to casual. I started looking into jobs in completely different fields but wanted to give her some informal verbal notice first.

While I wouldn't use this against her, to put things into perspective. I am underpaid $10 per week and paid super late if at all. I regularly use my car and phone for work related use without compensation. Have witnessed her outright lying to suppliers and customers. Have never received a payslip and am not aware or ever notified even when I request how much sick or annual leave I have.

I have had her throw a tantrum when I refused to lend her my car. And she has verbally requested once if she could pay me on Monday instead of Friday because she wanted to go shopping. She openly takes things home, buys things through work for family and skims money off the top of the till.

But now I am concerned she will try to fire me for serious misconduct. I know her friend who owned a hair salon had a girl leave and start up from home after taking the customer database. My boss also left her last employer and started up direct competition (rumour has it with their customer database). I am, however, uninterested in buying her business, working for her competitor or starting up any form of competition. I want to try a different industry completely and work for someone who appreciates my extra time and effort.

Under employment law, is she entitled to fire me for serious misconduct based on circumstantial evidence? Can I prove I didn't do it?

I did some research and am happy to sign a non competitive/non poaching agreement.

I just want a good reference so I can move on with my career.


LawConnect (LawTap) Verified
27 May 2014
Worry about it if it happens, otherwise we are just speculating.