The Labour Court upheld the Adjudication Officer’s decision in Mr David Faulkner’s favour after Homebond Technical Services Limited’s appeal over wages withheld for course fees failed. The determination was dated 10 January 2022.
Homebond said its handbook and Mr Faulkner’s contract allowed it to recover course fees if he left before completing a required period of employment. Mr Faulkner said he had not agreed to repay the fees or allow deductions when the course funding was approved.
The Court found that the 2020 handbook could not retrospectively authorise the deduction. The earlier handbook said an employee may be asked to commit to the company for a period, but did not provide for wage deductions. The 2018 contract allowed Homebond to set a period of continued employment but did not authorise deductions if Mr Faulkner left early. The Court concluded that the company had not obtained the authority required under the Payment of Wages Act to make the deductions.