QuoteReplyTopic: How can I get my Commission Paid? Posted: 01/May/2012 at 00:20
I am an indeendant financial consultant who was with one aggregator and left for a PAYG job with a bank.
4 months into PAYG job I got redundant without any pay out. We are talking one of the biggest banks in Australia.
Sad part is the aggregator I was with before have not paid my last 3 months commission.
I am now flat broke and have tax bills and accountants fees from company side of expenses and for my self no income to support my personla bills and Mortgages.
I have done everything Aggregator asked me to but they keep coming back giving excuses after excuse.
I have no idea what my rights are I have spoken to Legal aid and have not gone too far yet. I cannot afford a lawyer as I am struggling finnacialy now.
does anyway know a good lawyer who could help me out to draft a letter for a minimal fee? or even any sor of innformation as to how I should go about to get what's mine?
and understand my rights?
A call to FairWork Australia would be a start, as it is pay that you have not received.
If that does not work a letter of demand, (you will need to calculate what is owing), followed by a claim in the small claims court if the amount is under the limit for small claims in your state, and they do not pay.
I am NOT a lawyer. Anything said is NOT legal advice.
Please post your legal questions in a forum rather than sending a PM. Thanks.
Fair Work is no good if you were not a federal award employee. I think commissions do not count for them - I had the same problem a while back.
Your best bet is most probably the WAIRC and s29(1)(b)ii of the IR Act which includes denial of contractual benefits. The archetypal case applicable is Christos Triantopoulis v Shell Company Aust Ltd. Read all about it on Austlii > WA > WA Industrial Relations Commission. Skip all the early bits and go straight to the conclusions then read it with care once you realise that this forum is rolled gold.
Also when on austlii, enter "commission" and "bonuses" and "contractual benefits" etc into the search box - whatever applies to you. Up will pop all these cases. It can be frustrating but stay with it. There's a guide at the top of "General Topics" to help you search austlii. 1000% cheaper than lawyers and courts where you may pay and pay but even with the best case still may not win on some tiny technicality. This will not happen in the WAIRC because it's about truth and justice and unpaid worker's rights - it's their mission in life.
The WAIRC application form you will need is Form 3 - for denial of contractual benefits. It's a $50 application which can and will be waived if you are in genuine financial hardship. Level 16 111 St Georges Tce and the staff are jolly friendly too.
If you are confident and can read and write well then you need no advocate - just a crash course in industrial relations. If not so confident, there are some excellent industrial agents here who charge only $100 to 120/hr + GST. Look in Yellow pages "Industrial Advocates" but please do some (free) homework first - saves time & money. No costs can be awarded for an agent or lawyer so assess how much it will cost.
Using an agent is way way cheaper than a lawyer and frankly lawyers do not do so well in this forum because they are often so adversarial (so busy fighting) that they just don't get it about this being a fair forum. Many are so full of it that it's fun to watch them be really hopeless when they show up - unless you are paying their bill!
The sometimes nonsense rules of evidence do not apply in the WAIRC which can inform itself as it sees fit. Justice will be done no matter the silly or misguided technicalities some lawyers are capable of dreaming up at $330/hr or more.... and sometimes making things so much worse for their clients. I've seen one I consider so incredibly stupid that it did not understand the evidence and then actually plead the perfect case to later convict its allegedly demonstrably criminal client because of the thoughtless civil case the alleged idiot lawyer ran. Unbelievable but true - what a joy because this client is my legal enemy.
Good luck with this - I may see you in there when I'm doing my own denial of contractual benefits case against a local company that ripped me off for my commissions. Thank goodness I recently found the WAIRC - hope you do well with your research and find whatever it is that you are looking for.
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