{"id":17427,"date":"2022-07-20T10:37:05","date_gmt":"2022-07-20T10:37:05","guid":{"rendered":"http:\/\/www.16news.com.au\/?p=17427"},"modified":"2022-07-20T10:37:05","modified_gmt":"2022-07-20T10:37:05","slug":"former-real-estate-operator-penalised","status":"publish","type":"post","link":"http:\/\/www.16news.com.au\/index.php\/2022\/07\/20\/former-real-estate-operator-penalised\/","title":{"rendered":"Former real estate operator penalised\u00a0"},"content":{"rendered":"\n<p class=\"wp-block-paragraph\">The Fair Work Ombudsman has secured court orders for a total of $36,000 in penalties and back-payment against the former operator of a real estate agency in northern NSW.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">The Federal Circuit and Family Court has imposed a $4,000 penalty against David Stuart McElveney, a sole trader who formerly operated an agency based in Lennox Head trading as \u2018One Agency Ballina-Lennox Head\u2019.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">The penalty was imposed in response to Mr McElveney failing to comply with a Compliance Notice requiring him to back-pay entitlements to a worker he employed as a real estate agent under a commission-only written agreement between November 2018 and February 2021.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">In addition to the penalty, the Court has ordered Mr McElveney to pay the worker $32,000 in commissions owed, plus interest and superannuation.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Fair Work Ombudsman Sandra Parker said business operators that fail to act on Compliance Notices need to be aware they can face court-imposed penalties on top of having to back-pay workers.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">\u201cWhen Compliance Notices are not followed, we are prepared to take legal action to ensure workers receive their lawful entitlements,\u201d Ms Parker said.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">\u201cAny employees with concerns about their pay or entitlements should contact us for free advice and assistance.\u201d<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">The FWO commenced an investigation after receiving a request for assistance from the affected worker.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">The Compliance Notice was issued in April 2021 after an inspector formed a belief that the worker had not been paid commission payments he was entitled to on the sale of two properties.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The Fair Work Ombudsman has secured court orders for a total of $36,000 in penalties and back-payment against the former operator of a real estate agency in northern NSW. The Federal Circuit and Family Court has imposed a $4,000 penalty against David Stuart McElveney, a sole trader who formerly operated an agency based in Lennox &hellip; <a href=\"http:\/\/www.16news.com.au\/index.php\/2022\/07\/20\/former-real-estate-operator-penalised\/\" class=\"more-link\">Continue reading<span class=\"screen-reader-text\"> &#8220;Former real estate operator penalised\u00a0&#8220;<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[2],"tags":[],"class_list":["post-17427","post","type-post","status-publish","format-standard","hentry","category-aussie"],"_links":{"self":[{"href":"http:\/\/www.16news.com.au\/index.php\/wp-json\/wp\/v2\/posts\/17427","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/www.16news.com.au\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/www.16news.com.au\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/www.16news.com.au\/index.php\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"http:\/\/www.16news.com.au\/index.php\/wp-json\/wp\/v2\/comments?post=17427"}],"version-history":[{"count":1,"href":"http:\/\/www.16news.com.au\/index.php\/wp-json\/wp\/v2\/posts\/17427\/revisions"}],"predecessor-version":[{"id":17428,"href":"http:\/\/www.16news.com.au\/index.php\/wp-json\/wp\/v2\/posts\/17427\/revisions\/17428"}],"wp:attachment":[{"href":"http:\/\/www.16news.com.au\/index.php\/wp-json\/wp\/v2\/media?parent=17427"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/www.16news.com.au\/index.php\/wp-json\/wp\/v2\/categories?post=17427"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/www.16news.com.au\/index.php\/wp-json\/wp\/v2\/tags?post=17427"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}