Lawyer chasing alleged fraudster
A Wellington lawyer is appealing an employment dispute decision against her former personal assistant who allegedly defrauded her firm of more than $100,000.
Barbara Buckett, of BucketLaw, says the Employment Relations Authority (ERA) ruling, which struck out her case, was ‘‘wrong’’.
Buckett alleged Toto’a Caroline Farani stole $106,509 between July 2010 and January 2011, which ‘‘nearly collapsed my business’’.
As a result of her actions, Farani was suspended and fraud charges were laid by police. According to the decision, she fled to Australia in February, 2011, and has not returned. She failed to appear in Wellington District Court in 2011, and a warrant for her arrest is still in place.
Farani did not respond to requests to attend, nor was she represented at, the ERA hearing.
In June last year, Buckett filed a statement of problem with the ERA alleging Farani had breached her employment agreement and ‘‘the statutory duty of good faith by committing serious fraud’’.
The case was struck out as the dispute was not ‘‘related to or arising from an employment relationship’’, the ERA decision said.
‘‘The ‘gist’ or ‘essential character’ of the matter is criminal… There was no ongoing employment relationship when this matter was filed.’’
The decision also said police prosecutors had ‘‘more extensive powers, knowledge and expertise … in the criminal jurisdiction’’.
‘‘Police can seek Ms Farani’s return to New Zealand to face these charges. The authority cannot.’’
Buckett sought a ruling on the employment dispute because ‘‘there has been nothing to apprehend this person and I wanted everybody to know too because fraud is a big issue’’, she said.
‘‘The money [she took] has come and gone basically, but it did cause me a lot of grief. I spent a long time having to reprieve my situation so that I’ve got over it.
‘‘She’s a rather sophisticated operator. She basically nearly collapsed my business. That’s how serious it was.’’
Buckett would appeal the ERA decision to the Employment Court.