my name is ***** ***** I am happy to help you today.
Unfortuantely if your contract says that the fee is repayable, so long as the fee matches the actual training costs to the employer then they can recover it.
They can only deduct from your final salary if your contract specifically allows them to do so.
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Does the fact that I have more than covered any costs through profit generated mitigate those costs
No unfortunately not, although I can see why logic would make you assume it would. If you have signed an agreement there is no way round it I'm afraid.
I had been told this premise has been challenged in law and that the ruling found the company could recover some but not all it's costs due to the dispenser generating a return for the company??
I am not aware of any such ruling. The position is that the company can only recover the real costs of the training, not inflated costs. Profits generated are not relevant to the question of whether they are contractually recoverable.
If you want to tell me a case name I will happily look at it for you but I am afraid that I do not think that this is correct at all.
ok can I get back to you when I have better information?
Yes sure. I am certain though that you have been given incorrect information though. Please let me know if you get hold of a specific case name and I will look at it.
Hi, sorry about the delay the cases were brought by Amplifon and scrivens hearing companies in the early 90's
are they employment law cases?
they were cases of dispensers challenging the tie in clause in their contracts
I'm going to opt out as I'm not sure I am able to answer your question. What I would say though is that general contract law does not allow for this but you may be able to show that through custom and practice in your industry, people have not been held in the past so you should not be.