QLD Debt to Employer - Paid it Off but still in Debt?

[ben grant]

Hi, wondering on some legal employment law advice on an issue of work for a charter boat and just need to get some advice on an issue of money I apparently owe my old employer. I borrowed some money off him (debt) - 2 grand - and then did a heap of work for him to pay it off but he still reckons I owe him. Just wondering on my legal stand as I didn't fill any paperwork out for it or anything.

 

[Sophea]

Was there an agreement as to how much you would be paying off with each bit of work that you did for him? I.e. at an hourly rate? Or in small lump sums? Did you keep track of how much you were working and how much you were paying off the debt?

Usually nothing would prevent you from enforcing this type of agreement simply because its not in writing, however it will be his word against yours. If there was not even any agreement about how much you would be paying off per hour or unit of work you did for him, then there is no way of knowing whether it is paid off or not. However, there are things which a court will presume from your prior course of dealings. Such as the hourly rate that you worked for him prior to doing work to pay off the debt.

I would put it to your employer to show you financial records that prove you have not yet cleared the debt, then compare it wiht your own records of when you worked.