Clarification of a benefit on employment contract when leaving job

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Johnathon

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16 May 2018
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I have resigned and am wondering if I can keep the laptop which was provided by the company when I began working there. My contract states that the employee will be entitled to additional benefits as described in Schedule xx. Schedule xx is titled Employee Particulars and lists start date, work location, salary, stock options, additional benefits, performance bonus and probation period. The Additional Benefits item states "the employee will also be entitled to the following additional benefits: Computer."
To me that sounds as though the computer is mine like my salary, bonus etc. Can I take it when I leave? Nowhere in the contract is it mentioned again.

Thanks for any help.
 

Rod

Lawyer
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27 May 2014
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Possibly. Without seeing the whole contract to put the schedule into context it is hard to say with any kind of certainty. At face value I'd say you have a better than even chance of saying it is yours, but ....

other factors may come into play like the OS and software applications on the laptop, emails or txts suggesting otherwise, discussions prior to signing the contract.
 

Paul Cott

Well-Known Member
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26 May 2014
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Ballarat, Victoria
Hi Johnathon,

Usually, if you are permitted to have or use work tools, whether they be manual labour tools, or laptops, they belong to the employer at all times, to be returned to the employer at the end of the employment. That is the usual situation in the absence of anything clear to the contrary. Your case could be different but I doubt it. Good luck though. Paul Cott.