Money deducted from final salary for course

H

HouseHunter

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My wife and I are emigrating to Australia because I lost my job. We leave on Sat and today was my wife's last day in her job. She was informed by her manager that they have deducted the cost of a course she attended 1300 euros, from her last payslip. The thing is they never once mentioned that they would do this if she left the company within a certain timeframe. She was never asked to sign anything and there is nothing in her contract to this effect (i.e. reference to a policy)...

...we had budgeted to have this money and are now left with a huge hole in our budget and we leave on sat morning...

...surely they cannot do this! surely they shoudl have informed her before she undertook the course!

this has obviously caused us extreme stress and annoyance less than 48 hours before we leave the country...

is there anything we can do???
 
Unfortunately, she can't bring employment matters to the small claims court. So I guess the options are;

- involve her union (if she is a union member)
- engage a solicitor
- take a case to the employment appeals tribunal.

I doubt if there are any quick solutions here. Her best bet might be a personal appeal to a Director, quoting your imminent departure, their lack of policy and your intention to take legal action.
 
This is a very sour note on which to leave. As time is short, I would go and harrass accounts today and don't leave until she gets a cheque. Or try the placard ouside the business premises trick, might have it within the hour.

If there is nothing in her contract that says she has to pay for a course than it's plain and simple theft. I wish you could name and shame them.
 
In my opinion this deduction would be considered an illegal deduction under the Payment of Wages Act.

I am surprised that the company made no provision for this though.
 
Does the company mention this rule in the employee handbook - ours does - though in our case it's scales down in accordance with the number of months worked since the "company-paid-for" course and leaving employment.
 
there is no reference anywhere in the company literature/policies about this. I know it exists, it certainly did in the companies that I have worked for. However, as a manager myself, I always had to clearly explain this to staff and get them to sign a form to this effect.
 
I assume you are now in Australia. Can you get someone at home to hire a good employment solicitor for you. I'd only do this if you are positive there is nothing in any contract or terms and conditions or form your wife signed about having to repay a course if you quit the company.
 
This happened to an guy I used to work with a few years ago.

When he left, they deducted some money off him for a course he had recently completed. Like you there was nothing in his contract to state that this would be the case.

He sent a registered letter stating that they had illegally deducted money from his wages and if it was not paid back within 14 days, he would refer the matter to a solicitor.

It worked - they sent him a cheque
 
Hi - we have spoken with a solicitor and he is firmly of the opinion that this is illegal as per the payment of wages act
 
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