VIC Repayment of Training fee

[Mrs Claus]

Hello,

I am wanting to know my rights re the following.

I took a job 9 months ago and recently left due to unpleasant work environment (bullying, not enough supplies to work).

I was hired and told to set myself up as a company and would be employed as a sub contractor even though was treated as an employee Pretty much the whole tiMe. Pretty sure its a sham contract as i had kpis, handing me forms saying im underperforming with my sales, supplied all stock and tools etc. The training for the role was offered and i was paid an hourly rate when i attended (in clinic/outside clinic), because I left within 12 months they are wanting me to pay back the training fee, which is in the contract. Though in the contract it doesnt state how much the training is, and im not sure a training fee for which I was paid an hourly rate to attend training is an actually training fee?
Please correct me if i am wrong, as not trying to get out of paying, just dont agree i should be paying full amount back when I wasnt treated well and wouldnt of left within 12 months.
Do they have to supply me with an invoice to pay training fee? As atm its just an email with not much information or how to pay it and can they hold my last pay to put towards it even though I said I dont authorise this and that invoice is now late.

hope someone can clear this up for me.

many thanks

 

[Rod]

Need to read your contract.

Based purely on your post, it is likely the training fee is not enforceable for a couple of reasons, and it likely you were an employee. I suggest a letter to your employer denying any liability and saying you expect your last wages to be paid in full.

 

[Mrs Claus]

Thank you for your reply Rod.

I have already asked for my pay in full which she stated she would pay, but never did pay it and now over the 14 day term. I never said I would repay amount I just said the training fee is seperate from my pay and I want my pay in full.

I did sign a contract stating id pay back training fee when I started (though no where in it states amount) except an email now stating amounts I invoiced the company while I was training, which was the $35p/hr they told us they would pay us while we trained by reps and overseeing another staff member in clinic.

Im just concerned their contract is tight and worried I dont have enough evidence to prove I was treated like an employee.

I have an email on commencement stating Requirements of the job eg company set up, insurance and workcover and that had to be supplied before training started.

Silly me never took photos of our wall that had my kpi target or the sheet that showed I was underperforming because I earnt less than 3k per day. I do have email correspondence of her getting upset with me for dropping a day, having to ask for days off. I do have an email under their company, a picture of me on their website, and photo sign of me in front of their company as well as a name badge all covered with their business logo. I do have a document of their requirement of what I was to wear. They also supply ALL stock and equipment. I never had to pay or supply anything. They have a document (Operations manual) thats now classed as archived and they havent replaced (or i cant access it) but that would have all the evidence as they still follow it, but not sure being classed as obsolete it would be able to be used as evidence.

Sorry for the long message back, i am a scaredy-cat standing up for myself, but I did hear alot of people dont pay it back and it makes me wonder why...

Many thanks

 

[Rod]

I have already asked for my pay in full which she stated she would pay, but never did pay it and now over the 14 day term.

If not in writing, put it in writing.

If in writing, send a demand letter, pay up in 14 days or see u in court.