WA Employment Law - Should Employer Return What was Paid?

[tashh91]

Hi,

My partner had an agreement with his boss who offered to purchase him a laptop at the value of 3 grand and set up a payment plan for him to pay it back. They went ahead with this arrangement and my partner was recently fired. His ex-boss is now asking for the laptop back.

We have already paid back $1100 of the total 3000 and they are refusing to let him continue paying for it, saying they would prefer to keep it within their business. Under employment law, should they pay him the 1100 which he has already paid back for? Or are they allowed to take it without reimbursement?

 

[Lance]

This is more contract law. The agreement your partners ex-employer made with your partner sounds like it may constitute a contract. You can prove the payment plan history and basically even if it isn't written in his employment contract you should be able to recover your $1100.

Start by writing a politely worded letter of demand asking for the money from the ex-employer. Clearly justify your reasons - $1100 outlay and you don't have a laptop to show for it. If the ex-employer refuses to pay you can take them to small claims court (Magistrates) court. The small claims court deals with claims up to $10,000. You don't take lawyer, just self represent and I think the application fee is $25.

The following provides some guidance: http://www.magistratescourt.wa.gov.au/_files/Civil_factsheet_3.pdf

I hope this helps.

 

[Rod]

Hi Lance,

What is the principle or doctrine that allows the recovery of damages?

e.g. CL - Breach of contract, or Equity Unconscionable conduct, unjust enrichment, or Statute ACL Unconscionable conduct.

Does the plaintiff have to state which one in pleadings, or just state facts and ask court for a ruling?

Does CL or Equity or ACL damages allow return of all monies paid or will court likely discount the amount for use of of laptop?