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Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 5740
Experience:  Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
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Hi Im looking for some advice for my son. He was employed

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I'm looking for some advice for my son. He was employed by a registered company and signed an Employee training agreement for training which states if he leaves the company within 3 years they will recoup the pro-rata fees from him. That company went into voluntary administration and one of the original directors resigned from the company then reformed a new company in a similar name but separate ACN and ABN numbers. They then took on all the staff from the company that went into Administration bar the founders. My son has now resigned as they are not progressing his career and he has been advised that prior to the formally accepting his resignation they are going to recoup the training fees as per the training agreement made with the other company that went into administration. Can they enforce this as those accounts when the course was undertaken are obviously in administration and this is a new company name ACN and ABN
Your advice would be gratefully appreciated.

New company / business = no need to make the payment.

The contract was with the old entity, legally they cannot chase him for payment at all.

There is no legal recourse here for them. They cannot chase him.

Please accept.
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