Hi there. As a worker, you have certain legal rights that must be protected under Australian law. It sounds like you have been dismissed from your job. You may be eligible to make an ‘unfair dismissal’ claim if you think your dismissal was harsh, unjust or unreasonable. Whether your dismissal was harsh, unjust or unreasonable will depend on several factors, such as whether a valid reason existed for your dismissal, whether you were given an opportunity to respond to the allegations, and any warnings given before your termination.

To be eligible to make a claim, you must have been employed for a minimum of one year (if you worked for a small business) or otherwise six months. Unfair dismissal claims must be made within 21 days of your termination. More information can be found on the Fair Work Commission website at www.fwc.gov.au. A lawyer will be able to properly advise you on whether it is worth making a claim for unfair dismissal.

You also need to be aware that stealing property, including money, is a criminal offence in Victoria. Your former employer can report the matter to the police if they want to. If the matter is reported, the police will investigate it and may charge you with a property offence, such as theft or fraud. If this occurs, you will have to attend court and may face penalties.

Depending on what your former employer wants to do, it may be possible to resolve the matter directly with your former employer, rather than involving the police. A lawyer may be able to negotiate with your former employer on your behalf and offer to repay the money in addition to giving some other kind of benefit.