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August 29, 2023 - 7:00 AM
An employee of a Kelowna tattoo parlour has been refused reimbursement for tattooing equipment that wasn't returned to her after she resigned.
According to a BC Civil Resolution Tribunal decision issued on Aug. 18, Nicole Jean Leisher attempted to claim $3,100 for tattooing equipment she said her former employers refused to give back to her.
Leisher’s former employers, Don’t Look Down Tattoo & Apparel, said Leisher’s ownership of the tattooing equipment was contingent on her working for the business for three years after completing her apprenticeship, which she did not do.
On July 21, 2021, Leisher signed an employment contract which said she would start working for Don’t Look Down Tattoo full-time as an apprentice. The contract required Leisher to pay a $10,000 tuition fee for her apprenticeship education and to commit to working for three years.
But a little over a year later, on Nov. 1, 2022, Leisher gave her notice.
According to text messages sent between Leisher and Don’t Look Down Tattoo, the business owners had agreed to give her the equipment as part of her tuition fees.
One message sent by the owner said, “I gift you back 2500 for equip.”
The owner said they did verbally agree to credit $2,500 of Leisher’s $10,000 tuition fee towards purchasing tattooing equipment for her. However, that money was contingent on Leisher working for three years, which she did not do.
Leisher denied these claims.
Tribunal adjudicator Sarah Orr dismissed Leisher’s case on the grounds she failed to prove the terms of the verbal agreement between her and Don’t Look Down Tattoo.
Leisher will not receive the tattooing equipment and she will not get any financial compensation.
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