I am a real estate agent on commission I have resigned from my sales position. I have had four settlements since I have left the position and they were all unconditional. I have been paid for two settlements but not paid for the other settlements. When do they have to pay the other settlements under employment law?
QLD Employment Law - Commission Payable to Salesperson?
- Thread starter Terese Payne
- Start date
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- Tags
- employment law
Check your employment contract and call them up to find out when those 2 remaining commissions will be sent to you. If they say they are not going to pay you then find out why.
Were you on a commission only arrangement or also in receipt of salary?
Reason why that's important is that if commission only, then those commissions are your salary and accordingly s323 of FWA comes into affect.
However, if the Commission is payable pursuant to the contract then your claim is effectively contractual.
Reason why that's important is that if commission only, then those commissions are your salary and accordingly s323 of FWA comes into affect.
However, if the Commission is payable pursuant to the contract then your claim is effectively contractual.
You can also contact the
Fairwork Ombudsman for employee and worker advice.
See their website
- www.fairwork.gov.au
You can phone or email for information and advice on any Awards, their legislation. You may make written wage complaint for them to look at. It's federal government - they assess / follow up employee wage complaints for free.
There may also be a national award covering real estate salesperson - if so they can advise about this and any rules under their Act (eg Fairwork Act or whatever it is).
If you are in Commission that may be relevant - eg part or full commission, & if when this is allowed, and any written contract requirements. The contents of a govern Act such as FW Act may over-ride/take providence over an award or a contract.
Though it is also possible to have employee agreements but there are certain rules. So there may be minimum requirements under this federal legislation and any award which an employer must comply with.
Suggest you check FairWork website and give them a call. Keep copies of any contract or payments and payslips etc.
Fairwork Ombudsman for employee and worker advice.
See their website
- www.fairwork.gov.au
You can phone or email for information and advice on any Awards, their legislation. You may make written wage complaint for them to look at. It's federal government - they assess / follow up employee wage complaints for free.
There may also be a national award covering real estate salesperson - if so they can advise about this and any rules under their Act (eg Fairwork Act or whatever it is).
If you are in Commission that may be relevant - eg part or full commission, & if when this is allowed, and any written contract requirements. The contents of a govern Act such as FW Act may over-ride/take providence over an award or a contract.
Though it is also possible to have employee agreements but there are certain rules. So there may be minimum requirements under this federal legislation and any award which an employer must comply with.
Suggest you check FairWork website and give them a call. Keep copies of any contract or payments and payslips etc.
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