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Advocacy: REEF has your back when it comes to claims

Advocacy: REEF has your back when it comes to claims

If you ever find yourself confronted with a workplace-based claim, REEF is on hand to help and will work with you every step of the way – and our advocacy service has been in high demand in recent times.

Since the start of 2018, we’ve assisted 23 agencies that have been hit with some type of formal claim by either an employee or ex-employee. Nine unfair dismissal allegations, 11 general protections’ claims and three assertions of underpayment of commission entitlements. Add to this the dozens of agencies we’ve helped to resolve workplace disputes before they’ve escalated to the point of a claim and our year is off to a busy start.

Here are a few examples of how REEF has helped real estate employers through the provision of advocacy services.

 

Unfair dismissal

The employee, who was the agency’s office manager, was dismissed for serious misconduct stemming from the provision of confidential information to other employees of the agency. The confidential information related to the financial affairs of the agency.

The employer didn’t undertake an investigation into the allegation, nor did they give the employee an opportunity to respond. The employee was seeking 26 weeks’ pay. However REEF succeeded in resolving the matter through conciliation with the ultimate payout amounting to approximately three weeks’ pay.

 

General protections

This type of claim is growing in popularity as damages are uncapped and the onus of proof rests with the employer.

The employee alleged she was dismissed for refusing the employer’s sexual advances. The employer, on the other hand, alleged the dismissal was because of her poor work performance. The employee, who was legally represented, sought $25,000 in damages.

REEF presented a solid defence based on CCTV recordings, as well as other witness evidence to support the employer’s position. As a result, the employee withdrew her claim without the payment of any money by the employer.

 

Underpayment of commission

Here the employee lodged a claim, through his union, with the Queensland Magistrate’s Court alleging that he was entitled to receive 91 per cent of the employer’s net commission from his first (and only) property sale. After the first sale, the commission percentage dropped to a lower percentage.

The claim was referred to the Queensland Industrial Relations Commission for mediation. The employer asserted that the employee’s claim had been calculated against his second sale, as the employee’s first sale was of his own property (for which no commission was received by the employer).

After representations from REEF, the union accepted the veracity of the employer’s argument and the claim was discontinued – avoiding the costly and annoying inconvenience of appearing before the Queensland Industrial Commission.

 

 


 

Advocacy

EXPERIENCED REPRESENTATION WHEN YOU NEED IT MOST

We have extensive experience in helping real estate employers defend employment claims. Engaging a lawyer is expensive, but REEF representation is complimentary when you join. We’ll represent you at hearings, prepare documents on your behalf and conduct negotiations through to the conciliation stage of an employment dispute.

For a confidential discussion with one of our Workplace Relations Advisors, call 1300 616 170.



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About REEF

The Real Estate Employers' Federation is the real estate industry’s leading not-for-profit employer and workplace relations advisory association. It has 1500 members and subscribers across Australia.

Each year, REEF receives more than 15,000 calls from real estate employers needing help and guidance on matters affecting the employment relationship.

Contact us

  •  Level 6, 99 Bathurst Street,
     Sydney  NSW   2000
           Australia

  •   1300 616 170

  •   02 9261 2622

  •   admin@reef.org.au

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