A member asked about 8 years ago

Withholding original documents

I have an issue with my ex-boss that I worked for on the Eyre peninsula. When I worked for him I gave him one of my original certificates and I keep asking him to return it to me but he keeps putting it off because he has misplaced it. I have now left this job and he continues to be lazy, for instance, he makes up excuses and won't answer my calls. What can I do?

Law Advisor Research Team
Researchers at LawAdvisor

Hi there. This does not appear to be a situation where the law can be of much assistance. If the certificate was generated as part of your work and related to some aspect of the business, you may find that, under the terms of your employment contract, the document is considered to be the employer’s property. This would mean that the employer has a right to keep the document.

However, if the certificate was not generated at work or by you in your working capacity, or did not form part of the business, then the certificate is likely to be your property. The law says that people who “borrow” property must return it, if that is what was agreed between the parties. While this may theoretically give you a right to reclaim the certificate, practically, enforcing this right would be too difficult and/or costly. You should consider other practical solutions such as contacting your former boss’ supervisor in writing or, if possible, requesting a re-issue of a certificate from the original creator.

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Answered about 8 years ago   Legal disclaimer

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