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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44853
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I have resigned 3 months ago from my role. Within this time

Customer Question

Hi there, I have resigned 3 months ago from my role. Within this time I undertook training through the business via a 3rd party. there was a one page agreement that I signed at the commencement of the training saying if I was to leave within 12 months of finishing the course I would have to pay $2,500 to the company to cover the costs. They are now asking for me to repay and to take it out of my annual leave and final pay. Is this legal? Thanks
JA: Have you documented this or discussed it with HR?
Customer: Yes. I have spoken to the head of HR who said I have to pay it back based on the signed agreement. She sent me and email asking if I wanted to take this out of my annual leave. I then spoke to the finance team to ask of options here. ie. could they invoice me so I can claim it back as a training on tax or similar
JA: Is the employment agreement "at will," union, full time or part time?
Customer: full time the training agreement is seperate though. There is nothing in my employment contract or policy handbook that mentions repayment of training.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I think that covers most of it. Thank you
Submitted: 1 month ago.
Category: Australia Law
Expert:  Leon replied 1 month ago.

Hi, I am Leon, a NSW Solicitor. I will be assisting you with your question. If you choose a telephone call, you will be charged an additional fee.

Customer: replied 1 month ago.
Okay thanks. I'm happy for a response via here.
Customer: replied 1 month ago.
I am also in Melbourne. Not sure if the laws vary between states.
Expert:  Leon replied 1 month ago.

Good Afternoon

What did you sign when it came to the training with your employer?

Customer: replied 1 month ago.
Please see attached.
Expert:  Leon replied 1 month ago.

It is binding

You have agreed that you will pay the money if you leave within 12 months of finishing.

If you did leave you have to pay it. If you do not want them to pay it from your annual leave you have to pay it yourself and they have to give you a tax invoice.

Customer: replied 1 month ago.
Okay. Thank you.
Expert:  Leon replied 1 month ago.

Good Afternoon

All the best and good luck

I hope this makes sense and is of assistance. If you wish a phone call please elect for one but be aware it will be an additional fee. If there is nothing further thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards
Leon

Customer: replied 1 month ago.
Thanks
Expert:  Leon replied 1 month ago.

Take care

Regards

Leon