SA Employment Law - Former Employer Holding onto Equipment I Purchased?

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Kate13

Member
19 July 2017
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Hi

I was doing an unpaid tattoo apprenticeship, and was advised as part of the apprenticeship that I would need to purchase my own equipment, roughly $2500 worth.

I have since been offered a job in an unrelated field and am unable to complete the apprenticeship. When I told my boss this he told me to leave and not come back, and that I wouldn't be able to take my stuff. He has now contacted me telling me that I need to drop of the keys for my work station so he can access the equipment.

Is this legal under Employment Law? As I paid for the equipment and was leaving to pursue another job not for any wrongdoing.

What course of action can I take to either recover my property or get him to pay me some value of it (looking for about $1700, it's about 6 months old)?

Thanks
 

Rod

Lawyer
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27 May 2014
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You either go onto the premises with a friend as a witness (not enforcer) and recover your property, or start steps to recover the equipment by heading down the legal path. First step is to send a demand letter.

It is a property law issue, not employment law, unless there is something in the employment contract giving the employer certain rights.

I wouldn't be handing the key back until the matter of your property is settled.
 

SamanthaJay

Well-Known Member
4 July 2016
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Kate, I'm not a lawyer either but I would be calling the police and request their presence when you return to recover your property. Drop into the police station before and ask if you need to make a date and time or if you can just call them when you are ready to recover your property. Different stations have different policies about this.

Take your proof of ownership (receipts for purchase) to show police.

I'm curious if there is actually a thing such as an 'unpaid apprenticeship'? Maybe you should also give Fairwork a call after you recover your property.

Welcome to the Fair Work Ombudsman website
 
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