Employer looking for training fees back

Lovestolisten

Hi there,

Looking for advice for family member.

He has been training with an Accountant for the past 2 years, since graduating from college. Salary low to reflect training contract,23,000euro (40 hour weeks) but included all fee's for professional membership and exams. In around 3500euro.

He has one year left on the training contract but he can't hack it any longer, his boss is a sexist and homophobic, blaming gay marriage on the Corona virus pandemic ! The boss regularly asks over personal questions and makes the work environment difficult.

He advised his boss that he would like to resign, boss informed him VIA EMAIL that he would be with holding all annual leave and remaining wages owed to cover the cost of exam fee's.

Can he do this?
He has worked there a full 2 years, taken literally zero holidays and had only done one sitting of exams since starting. He doesn’t even want to finish the professional exams because the whole experience has put him off the profession so much .

Lovestolisten

Lovestolisten wrote: »

Hi there,

Looking for advice for family member.

He has been training with an Accountant for the past 2 years, since graduating from college. Salary low to reflect training contract,23,000euro (40 hour weeks) but included all fee's for professional membership and exams. In around 3500euro.

He has one year left on the training contract but he can't hack it any longer, his boss is a sexist and homophobic, blaming gay marriage on the Corona virus pandemic ! The boss regularly asks over personal questions and makes the work environment difficult.

He advised his boss that he would like to resign, boss informed him VIA EMAIL that he would be with holding all annual leave and remaining wages owed to cover the cost of exam fee's.

Can he do this?
He has worked there a full 2 years, taken literally zero holidays and had only done one sitting of exams since starting. He doesn’t even want to finish the professional exams because the whole experience has put him off the profession so much .

What dose his contract say.

Lovestolisten

In the contract is says,

In the event the employee terminates the contract within the initial period all fees are repayable.
When we read the contract to find out what the 'initial period' was the only reference to 'initial period' was on he probation section, where its says,
you will be hired in for an initial period of 3 months.

The contract is for a fixed term of 3 years.

Which do you think would be deemed as the 'initial period' ?

silver2020

Lovestolisten wrote: »

Hi there,


He has worked there a full 2 years, taken literally zero holidays and had only done one sitting of exams since starting. He doesn’t even want to finish the professional exams because the whole experience has put him off the profession so much .

Why do people not take their statutory holiday time? - I can never understand this. It allows an employer to walk all over you.

It is illegal to withhold any wages, so a simple solution is to take a case to the WRC.

You could suggest that in the WRC the real reasons for leaving will be aired.

kaymin

Request a balancing statement setting out:
Value of remaining holidays Plus
Unpaid wages Minus
Cost of exams/ training paid by the firm

It's normal in accountancy training contracts for the firm to have the right to recoup training costs / exam fees in the event the trainee terminates early though from the sounds of things this has not been accurately reflected in the contract so you could argue against it (i.e. if the only definition of initial term is to the 3 month probationary period). Given only one exam has been sat it may not be worthwhile.

Also, if your family member doesn't get satisfactory resolution, I'd be inclined to raise the issue with the accountancy body before the WRC.

Lovestolisten

Lovestolisten wrote: »

In the contract is says,

In the event the employee terminates the contract within the initial period all fees are repayable.
When we read the contract to find out what the 'initial period' was the only reference to 'initial period' was on he probation section, where its says,
you will be hired in for an initial period of 3 months.

The contract is for a fixed term of 3 years.

Which do you think would be deemed as the 'initial period' ?

He might have been better to have found another job first and say he was leaving for broder experience or personal reasons or something like that, and offer to refund some of the fees. The person employing him sounds like a nightmare actually saying to an employee COVID 19 is caused by gay marriage.

Tauriel

Has his employer been signing off on his training records regularly? This could be a big issue if his employer has not and refuses to sign off, effectively the last two years would of meant nothing.

Where I did my training they would refuse to sign your training records unless you completed the 3 year contract and would look for fees to also be repaid in the event of an early departure.

Lovestolisten

mariaalice wrote: »

He might have been better to have found another job first and say he was leaving for broder experience or personal reasons or something like that, and offer to refund some of the fees. The person employing him sounds like a nightmare actually saying to an employee COVID 19 is caused by gay marriage.

He actually did, he thanked the employer and was very gracious, and said he had decided to take another career path.
He just didn't want another day of his manipulation and condescending manner so he felt if he was kind and apologetic the employer might of been some way decent.
No such luck !

Lovestolisten

mustang shelly wrote: »

Has his employer been signing off on his training records regularly? This could be a big issue if his employer has not and refuses to sign off, effectively the last two years would of meant nothing.

Where I did my training they would refuse to sign your training records unless you completed the 3 year contract and would look for fees to also be repaid in the event of an early departure.

He does not care one bit about the training and exams.
He was so unhappy and depressed the past 2 years, and since he decided to leave he is a different person.
Maybe in the future it might annoy him but right now he feels his mental health trumps