Repaying exam fees on resignation??

[djmck30]

As it says in the title - my contract has a clause saying:

"xyz reserves the right to deduct from your salary.....all sums which you may owe xyz at any time, including any loans, overpayment of salary, study or examination fees"

When arranging/applying to sit various exams they have not asked me to sign any agreement to repay the exam fees if I were to leave the company - I have had to do this in the past with previous employers. I also can't see any mention in any of the HR policies on the internal website about having to repay fees on leaving.

The clause above seems to be a bit of a catch-all, but without some form of seperate agreement or written policy, it seems to me that there isn't any money "owed" as such? So if I were to leave they couldn't ask me to repay anything as there is no agreement in place regarding this..

Just looking for opinions, has anyone else been in a similar situation?

[jaedba2604]

there is a section regarding unlawful deductions from salary in the employment act, google that - basically I think the catch all allows them to do this...

[Vee]

djmck30 said:

When arranging/applying to sit various exams they have not asked me to sign any agreement to repay the exam fees if I were to leave the company - I have had to do this in the past with previous employers. I also can't see any mention in any of the HR policies on the internal website about having to repay fees on leaving.

If you're in a position where you're sitting exams you must have an above average level of intelligence to appreciate what the clause means. You've also had the sense to go through your contract and HR policies to check.
However, I'm really surprised that neither your contract or the HR policies say nothing about the time period that applies for repayment. Usually it is only 12 months.

IMO your post shows you clearly knew about the clause and it's meaning, just because no one sat you down and made you sign doesn't mean that you have a get out.

I've know 3 people to leave owing both time and money but the company didn't bother with the admin to pursue it. They were honest about it though.