Commision Based Work-Pay Dispute

M

monkeyboy

Registered User
Messages
668
Hi all.

My brother works for a small estate agency. Every month he has difficulty getting payments for what he understood was due. This is for various reasons but the main issue arises where sales are closed but his boss does not actually invoice his client as a favour.
He has 1000s of worth of closed units that payment has not come into his employer as they are owned by good clients getting favours....
It is normal practice to be paid on receipt of payment on closing but surely he cannot be expected to be "funding" his bosses clients. Surely the clients get a standard 30 days to pay invoice and if this is waived by the boss it is at the bosses discretion and the agent should not be left carrying the can for this!?
He is on very low basic and the commision is building up but frustratingly not able to get his hands on it.
Any idea where he would stand here?
Many thanks
MB
 
Don't know what standard is, but this sounds like it comes from "the check is in the post" book of excuses.
 
I dont work in the real estate industry so i can not advise you but my opinion would be that a commission would be 'earned' on the close of any sale (be it houses or widgets!). It may be payable on receipt of the payment, however, if the 'boss' decides to waiver or discount payment then he is choosing to take the hit not your brother. I would believe that your brother earned the commission and should be paid. My advice would be to check his contract of employment and terms and employment. If it isnt explicitly stated otherwise he should request payment from his employer. If its not forthcoming contacting the department of trade enterprise and employment may give him some direction. Reviewing the Payment of Wages Act may also be a starting point.
 
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