Our Business + Property team can deal with all your agency employment and contractor issues from employment agreements to contract enforcement.
Employment agreements that comply with national employment standards and reflect the special features of the real estate industry are essential for all agencies. Our team is well qualified to establish the right agreements across the entire range of your staff.
How important is an employment agreement for each staff member to your business? Without employment agreements in place, the agency:-
- may be unable to claw back advances made on commission;
- may be a unable to recover “private” commissions received if a sales person effects sales in his or her own name without any knowledge of the agency;
- will be unable to prevent a property manager from poaching listings if he or she leaves to start their own business or works for a competitor
Our Real Estate Agency Lawyers can expertly provide the employment agreements your agency requires.
Restraint of trade
covenants with adequate confidentiality and non-compete provisions will protect your business should a sales agent or property manager decide to move on. Competition restraints are essential to protect the viability of your business.
Commission disputes with employees
Although far less likely with sound employment or contractor agreement in place, disputes frequently arise regarding commission entitlements. For example where an employee claims a commission from sales settling after leaving employment. Click here to read whether the agency can set-off advances already paid against such sums.
Misuse of confidential information
Owner lists, property lists, prospect lists and contact lists all contain confidential information. Employees must observe their implied “duty of loyalty and good faith”.
Our Business + Property team can restrain a departing employee who you believe is utilising such information for their own benefit or might disclose it to someone else. Click here to read how such action was taken against a property manager for misuse of confidential information and poaching rental property owners.
Employee or contractor
Agencies often employ sales staff on a commission basis as contractors. But can it be assumed they are contractors rather than employees?
The answer to that question whether many of the following – National Employment Standards, paid annual leave, PAYG tax responsibility, superannuation & workers comp to name the main ones – apply.