Isn't the big difference here that an employer can only charge an employee for training if it benefits the employee to work outside of the current employer.photofly wrote: ↑Mon Jul 25, 2022 8:14 amAll are contracts. You can have a refund on your PPL training if the contract says you can have a refund on your PPL training.
A training bond, PPL training, and getting an oil change - all are matters of contract and governed by contract law. So is it also every time you buy something in a store.
Most PPL training isn't conducted under a written contract. So the court will look to see what the agreement of the parties was when they entered into the contract. They'd have to decide if each lesson represented a separate contract, and whether assurances were given. In the absence of some confirmation to that extent (oral, if the court believes the testimony, but preferrably in writing) it's unlikely you could get a refund if you failed the ride.
Employer specific training => employer can not ask employee to pay back the training, even if there is a written agreement
More general training which make it easier for the employee to find work elsewhere => employer may ask the employee to pay back the training, written agreement required (or recommended, dependong on the source)
Since a failed training does not benefit an employee, could we not conclude that an employer would not be able to get money back from the employee in this case?
Assuming there is no negligence or intent, then an employer could not get money back from an employee for breaking plates while doing dishes, for burning more fuel than necessary due to an aggressive driving style, for hitting a pothole with a company car etc.
If all those things happen frequently enough, they could rightfully fire the employee, but even then, they would likely not be succesful to get damages, or to ask for the salary back just because the employee is incompetent. As an employee if you're incompetent, you can lose your job, but you (generally) don't have to pay for it.
It doesn't sound too farfetched that being incompetent and failing a PPC ride would come with that same protection.
Thoughts?