Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today. Was there anything in her contract requiring her to return the ipad on termination of employment?
Thank you. It is unlikely that this is a a actually theft in the legal sense because for this to happen there must have been an intention to permanently deprive you of the item and in the circumstances she may just temporarily be holding it. Also whilst there is nothing stopping you from contacting the police, they may decide that this is a civil matter and refuse to get involved. You have nothing to lose by approaching them though so do use them if necessary.
In terms of getting the ipad back you cannot force her to return that. If she completely refuses to do it and the police do not get involved, then you will most likely have to make a court claim against her to pursue her for the value of the item, and if any losses have been suffered as a result of her actions – to pursue her for these too.
When it comes to commission you actually cannot withhold that even if she has the ipad in her possession. By law you can only withhold it if you have a contractual clause allowing you to do so. If you do not then it would amount to unlawful deduction of wages for which she can make a claim to pursue the pay she is due. However, at the same time you can make your own claim against her for the return or compensation of the ipad. You can of course risk it and not pay her but she can claim against, just as you can claim against her.
This is your basic legal position. I have more detailed advice for you in terms of the steps you need to follow should you have to make a claim against her, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
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