Last Updated on 03/02/2026 by Damin Murdock
In the case of McKerrow v Sarina Leagues Club Incorporated T/A Sarina Leagues Club [2012] FWA 1251, Fair Work Australia had to consider whether the unauthorised use of large sums of money was grounds for serious misconduct.
Ms McKerrow was terminated from her employment by Sarina Leagues Club (SLC) for the alleged misappropriation of funds. Ms Michelle McKerrow was working at SLC as a Functions/Administration Manager for approximately one year. During her employment, Ms McKerrow used SLC’s funds to pay an invoice on behalf of the Sarina Junior Rugby League Club (the Club). Nevertheless, the funds were repaid to SLC prior to the discovery of the transaction. When SLC later discovered the transaction, it was alleged by SLC that Ms McKerrow tried to conceal the transaction. Ms McKerrow was consequently terminated from her employment on grounds of gross misuse of SLC’s funds constituting misappropriation and fraud. At the Hearing, SLC further alleged that Ms McKerrow was involved with the disappearance of $10,000.00 from the TAB sweeps within the SLC.
At the Hearing it was held that Ms McKerrow was dismissed unfairly because it was harsh, unjust and unreasonable. It was harsh because she was terminated summarily. It was unjust because SLC could not provide sufficient evidence to demonstrate that the payment of the Club’s invoice was a misappropriation of funds or fraud. It was unreasonable because SLC had made the decision to terminate Ms McKerrow without sufficient evidence to prove she was guilty of misappropriation or fraud.
Tips
- If you are planning on terminating a member of staff on grounds of serious misconduct, you should first conduct a thorough investigation.
- If you do not have the evidence to demonstrate serious misconduct, you should consider placing your employee on a performance improvement plan or take alternative disciplinary action.
If you have any questions in relation to this article, please contact Damin Murdock at Leo Lawyers on (02) 8201 0051 or at office@leolawyers.com.au.
DISCLAIMER: This article is not to be taken as legal advice and is general in nature. If you require specific advice, please contact us.
Damin Murdock (J.D | LL.M | BACS - Finance) is a seasoned commercial lawyer with over 17 years of experience, recognised as a trusted legal advisor and courtroom advocate who has built a formidable reputation for delivering strategic legal solutions across corporate, commercial, construction, and technology law. He has held senior leadership positions, including director of a national Australian law firm, principal lawyer of MurdockCheng Legal Practice, and Chief Legal Officer of Lawpath, Australia's largest legal technology platform. Throughout his career, Damin has personally advised more than 2,000 startups and SMEs, earning over 300 five-star reviews from satisfied clients who value his clear communication, commercial pragmatism, and in-depth legal knowledge. As an established legal thought leader, he has hosted over 100 webinars and legal videos that have attracted tens of thousands of views, reinforcing his trusted authority in both legal and business communities."
